John S. Webb and Vincent S. LoConte are dedicated criminal defense attorneys who focus on getting you the best result for your case. Our lawyers have participated in advanced training in the areas of Standardized Field Sobriety Tests, breath test machines, defending Operating Under the Influence of Drugs & Medications, and know how to challenge Drug Recognition Experts. We know that you have many concerns when you are charged with an OUI, particularly what will happen to your license, and if this charge will impact your job. Our Maine OUI/DUI lawyers will provide the best possible defense for your particular situation. We understand that this is Maine; there are no subways, commuter trains, or intricate bus services if you lose your license. Whether it is being ready to plow the next snowstorm, or dealing with the impact of a security clearance at the Shipyard, when it comes to your OUI charge, your concerns are our concerns.
We defend a broad spectrum of criminal cases; we will analyze the evidence in your case, integrate it with the facts you bring to us and those we develop from our own investigation, hire experts when necessary, and prepare the case for trial. We negotiate with the various prosecutors and make recommendations to you based on those discussions. For a variety of reasons there are some cases that should never go to trial and some that absolutely should go to trial. Whether it’s drunk or drugged driving, vehicular manslaughter, drug cases, domestic violence, Bureau of Motor Vehicles cases, outstanding warrants, or other criminal offenses, we will always work in your best interest.
Our commitment to you begins with an initial consultation about your case free of charge. We want you to feel comfortable to bring any case to us for an initial discussion without spending any money. If you’re not sure whether we can help, call us anyway. If we can’t help you, we will help you find someone that will.Operating Under the Influence (OUI/DUI/DWI) Drunk or Drugged Driving
When you drive into Maine over the Piscataquis River Bridge from New Hampshire, you are greeted by a big sign that informs you that Maine has the toughest drunk driving laws and the state means it. A first offense OUI conviction carries a minimum $500 fine (not including surcharges and fees), a 150 day loss of your right to operate a motor vehicle in Maine (an additional suspension of 275 days apply if it is alleged that you refused to take a breath test or had a minor in the vehicle), and a minimum of 48 hours in jail if you have an aggravating factor in your case. An aggravating factor may be if you had a breath test that was .15 bac or higher, if you are alleged to have eluded a police officer, if you had a minor in the vehicle with you, or if there is an allegation of criminal speed (+30 mph over the speed limit). If you refused to take a test, then you are facing a minimum of 96 hours (4 days) in jail. The penalties for a 2nd or subsequent OUI are much harsher and punitive. For instance, the license suspension for a 2nd Offense starts at 3 years.
When you get charged with an OUI in Maine, there are two cases that you have to fight: first, the criminal court case, and second, the Bureau of Motor of Motor Vehicles case as they will try to administratively suspend your right to operate in Maine through a civil process. How the administrative or “BMV” suspension impacts you is a factor of whether you took a breath test or refused, if you are a multiple-offender and whether you are licensed in Maine or are from “out of state.”
As you can tell, these are complicated issues with many factors. There is no reason to deal with these issues alone. Our Maine OUI/DUI attorneys are happy to help you.Other Motor Vehicle Offenses
We are also experienced at handling cases involving vehicular manslaughter, eluding a police officer, failure to stop for a police officer, operating after revocation, operating after suspension, leaving the scene of or failing to report a motor vehicle accident involving bodily injury or property damage, and operating without a license. Some of these charges are felonies, and some are misdemeanors. Manslaughter involves the death of another person and carries with it significant prison time, probation, restitution and the potential for a lifetime license suspension. All of the other above listed charges could trigger or contribute to being declared a Habitual Offender, and carry with them a judicial or administrative license suspension and exposure to jail time.Drug Crimes
Although some aspects of the marijuana laws have been legalized, Maine still experiences a large number of illegal drug cases, especially heroin, fentanyl, cocaine base, prescription narcotic medications, and marijuana. These crimes include possession, possession with the intent to distribute, trafficking, manufacturing, and conspiracy. Depending upon the type of drug and the quantity involved, there are certain minimum mandatory sentences that apply to some drug charges. However, having any type of drug conviction on your record, especially for a young person, can have a detrimental effect on your future.
The fight in many drug cases revolves around the constitutional issues of search and seizure. How were the drugs discovered by law enforcement? Was the search legal? What, if any, of the drugs found are attributable to the person charged? Using the constitutional challenges available to convince a judge to suppress (exclude) the results of a search is an important and powerful tool in the fight to win a drug case and keep certain evidence out of a case.Domestic Violence
The crime of Domestic Violence is committed in Maine if a person intentionally, knowingly or recklessly causes bodily injury or offensive physical contact to a family or household member. The impact of domestic violence can be devastating to not only the individual accused, but also to the victim, and the entire family. In most cases, a conviction for domestic violence results in a mandatory fine, probation, jail time, and a nearly year-long Certified Batterers Intervention Program (CBIP). You will be declared a prohibited person and will never legally possess firearms or ammunition again – it is a lifetime ban. In many instances it can seriously compromise divorce, child-custody, or Department of Health and Human Services (DHHS) proceedings. It is a devastating process and is as serious as being convicted of a felony. You cannot go this alone; hiring an experienced attorney is an integral step in assuring that your rights will be protected.Other Criminal Cases
There are many other criminal cases that we defend in our practice. One of the more common crimes that we deal with is Violation of Conditions of Release (VCR). This is when someone is accused of having violated one of the conditions of their bail. In many OUI cases, people are put on bail conditions where they are prohibited from using or possessing alcohol. In order for the police to determine if a person has violated bail, many individuals are also given the bail condition that the police can search them randomly, without any reason at all, to make sure that they have not been consuming or possessing alcohol. It is important for you to be aware of exactly what all of the legal language in your bail conditions means in order to make sure that you do not get accused of violating your bail conditions.
Another common crime that we deal with is theft. Theft can range from a felony Robbery charge to a misdemeanor shoplifting charge. Regardless of the class of crime, however, theft charges are extremely serious and carry with them potentially devastating consequences if the conviction ends up on your record. These are charges where it is especially important to understand all of collateral consequences of the charge before you agree to any case resolution.
Some other misdemeanor crimes that someone may be charged with include Trespassing, Disorderly Conduct, and Reckless Conduct. These charges are all misdemeanor offenses and all may be charged in a varying degree of circumstances. Trespassing charges arise when a person is in a place where they know that they are not supposed to be. This can occur in a number of different situations ranging from being on someone’s private land, to not leaving a bar when you are told to do so. Disorderly conduct is a charge that can stem from many possible scenarios including bar fights, parties that have gotten out of hand, or someone taunting or insulting another person. Disorderly Conduct charges often result from situations that may not seem like the most serious of crimes, but it is important to remember that a Disorderly Conduct charge is a Class E crime, and thus should be taken very seriously. Reckless Conduct is similar to Disorderly Conduct in that it can also result from a variety of situations. Reckless Conduct can be if you are driving in a reckless manner, or if you are otherwise engaging in an activity that is reckless and creates a substantial risk of serious bodily injury either to yourself, or to another person.Contact an Experienced Criminal Defense Team
Because all criminal offenses carry with them the risk of jail and fines, as well as collateral consequences that may impact many areas of your life including your career, education, housing, and student loans, it is critical that you take these charges seriously and speak to an experienced criminal defense attorney about them right away. Call Webb Law Firm at (207) 283-6400 for your free consultation. We’re available 24/7!
The Webb Law Firm has provided videos to give existing and potential clients the opportunity to learn about the various processes that are involved in a typical criminal case which not only will provide them with information, but give them a firm base upon which to ask questions and alleviate some of the stress and anxiety that comes with being exposed to the criminal justice system.
The Webb Law Firm Podcast is for clients and other lawyers to provide them with breaking news concerning recent judicial decisions and trends in the area of criminal defense. Our podcast, like our firm, focuses on impaired driving, drugged driving cases, drunk driving cases including OUI/DUI/DWI, Drug Recognition Expert (DRE) drug cases and all other areas of criminal defense including vehicular manslaughter, Aggravated Assault & Aggravated Reckless Conduct with a motor vehicle, State and Federal drug conspiracy cases, sexual assault and child pornography cases, and other crimes of violence.
Maine OUI/DUI Lawyer | Portland Criminal Defense Attorney | Webb Law Firm
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