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Blacked Out OUI Case

State v. M.M.

Blood / Alcohol Content (BAC):



3rd Offense, Prosecutorial Incompetence

Defense Attorney:

Matthew B. Nichols


3rd Offense Operating Under the Influence (OUI, DUI, DWI)

Maximum Sentence:

364 days in jail (minimum sanctions = 40 days in jail, 4 year license suspension and $1000.00 fine)


Client was “blacked out”. Client was stopped for erratic operation driving wrong way on a one way street in the Old Port. Two officers testified to client’s extreme Intoxicated state.

Attorney Nichols moved for, and was granted, a judgment of acquittal because the prosecutor failed to have the officers identify Client in court as the driver of the vehicle.


Guilty. Reversed by trial judge for insufficient evidence; not guilty verdict entered.

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