Two Sets of Operating Under the Influence (OUI) and Negligent Operation of a Motor Vehicle Charges

Police Report:

A motorist was charged with both OUI and Negligent Operation of a Motor Vehicle on two separate occasions within a few months of each other. The incidents occurred in different towns but in the same state and county. In each case the motorist was stopped by police for a traffic infraction. He then exhibited signs of intoxication to the arresting police officer such as slurred speech blood shots eyes unsteadiness on his feet and an odor of alcohol emanating from his breath.

The motorist also failed a series of standardized field sobriety tests and a chemical breath tests in both instances. The first incident occurred during the winter while the second incident occurred during the summer of the same year. The first incident was scheduled for trial and had not been adjudicated at the time of the second incident. The charges also triggered an alleged probation violation in a neighboring state where the motorist was on a prolonged period of probation following his admission of guilty to a felony criminal charge.

The motorist retained Attorney John Calcagni to represent him in connection with his OUI cases and alleged probation violation. Attorney Calcagni developed a defense strategy that involved resolving both OUI cases on the same day. He accompanied his client to one court in the morning to resolve the first case and another court in the afternoon to resolve the second case. Beforehand he successfully negotiated the pretrial disposition of both cases with identical sentences to run concurrently.

Attorney Calcagni negotiated with prosecutors in both courts to treat his client as a first-time offender. As a result the motoristӳ cases were each Continued Without a Finding (CWOF) for a period of time during which the motorist must remain on probation stay out of trouble attend OUI classes incur a 45-day loss of license and pay a series of costs fees and assessments. Assuming the motorist successfully complies with all conditions during the probationary term both cases will be dismissed and he will not incur any criminal convictions on his record from these incidents. As for the probation violation in the neighboring state Attorney Calcagni successfully negotiated to have the client admit violation and then continue with his existing probation terms with no additional punishment.

Criminal Case Result:

• Two Sets of Operating Under the Influence (OUI) and Negligent Operation of a Motor Vehicle Charges: Continued Without a Finding