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By Southern Maine OUI Super Lawyer John S. Webb – ME Criminal Defense Attorney Near Me

Maine OUI Lawyer John Scott Webb
One of the most debilitating OUI penalties is a driver’s license suspension. This means you are banned from legally driving for a certain number of days, months, or years. Since 2009 the license suspensions for repeat DUIs has gotten longer – a lot longer.

How Long Is a License Suspended For One OUI, 2 OUIs, 3 OUIs, or 4 OUIs?

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By: Southern Maine OUI Lawyer John Scott Webb, Martindale Hubbell Distinguished and Super Lawyer

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In Maine you can be charged with DUI even when you are not driving. Every state has a law that says it is illegal to drive under the influence or operate under the influence (OUI).  What many people do not realize is that most states have some variation of this law that allows police to charge you even when you are not actually driving (DUI parked car).

Depending on the state, a person can often be charged with attempting to drive or operate or being in actual physical control of a vehicle while under the influence.  Usually the penalties are the same as for driving under the influence.

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By Portland ME OUI Attorney John S. Webb, Super Lawyer and AVVO Superb Rated Lawyer Near Me

Portland ME OUI Lawyer John Scott Webb
Everyone knows someone who has gotten an OUI in Maine or maybe a DUI in an adjoining state. And if you don’t know of anyone, a friend of a friend likely has. But being arrested for OUI is nowhere close to being found guilty and being convicted of operating (a motor vehicle) under the influence of alcohol or drugs in Portland, ME or Saco, Maine.

What makes the difference between getting arrested for misdemeanor OUI, and eventually being convicted in a court of law? The usual answer is the person who said the least to the investigating officer after being stopped, and who didn’t talk to other people in the holding cell, will usually have a more favorable case outcome. All you have to give the officer is your name and address, and your driver’s license and insurance card.

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Maine Attorney John S. Webb
By Criminal Defense Lawyer Near Me John Webb Serving Portland ME and Saco, ME

As the 4th of July approaches, many revelers will be gearing up to celebrate our nation’s independence with a big family get together, a little backyard grilling, and maybe a game of all-American baseball or two – if Covid 19 restrictions are loosened in Maine and elsewhere. But there is a more immediate danger – the misuse of dangerous fireworks in the hands of inexperienced people, and possibly intoxicated people. Thus, it’s best to stay away from other people lighting dangerous fireworks and only watch from a safe distance.

Under Maine Title 9-A, the possession, transportation or storage of fireworks other than sparklers, morning glories and paper or plastic caps without a permit can fetch up to $1000 in fines and a maximum of 6 months in jail, provided the value of the fireworks exceeds $100. If your intent is to sell, you can be fined amounts up to $20,000 and face a 10 year jail sentence (depending on the value of the fireworks). And setting off loud fireworks is one surefire way to attract the unwanted attention of a local police station near me.

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By: Webb Law Maine Intern Ronahn Clarke

OUI roadblocks are checkpoints near me where police officers stop every vehicle—or a certain number of vehicles at random—to search for intoxicated drivers. These DUI roadblocks appear more frequently around holidays, when driving under the influence is more common.

This legal article explores a driver’s right to not pass through the police checkpoint. So long as no traffic crime is committed, a citizen can opt to not wait for the line of drivers to be checked and depart in the opposite direction.

The year 2020 was one that several generations of Americans will never forget. High stress, bereavement, domestic togetherness and spending more time at our homes that ever before has contributed to more family violence crimes, motor vehicle accidents and driving under the influence.

Sales of alcohol, drugs and CBD products escalated. Depression, stress, and the desire to calm down led many to imbibe and to use prescribed medication or other sources of relief to get through the past year.

Research shows that the number of OUI-DUI-DWI cases involving drug use across America has increased. In addition, two recent US Supreme Court cases, Missouri v. McNeely in 2013 and Birchfield v. North Dakota in 2016 have clarified when and how blood extractions for implied consent purposes are proper.

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By Webb Law Firm, With Law Offices Near Me in Portland Maine and SaView postco ME

No other nation besides the United States has the Fourth Amendment protections that require a police officer to have information of a crime having been committed before “seizing” a person. When a driver is on the highway, the act of a government law officer seizing that person happens by signaling with emergency lights, using siren or even hand signals, to pull over.

Since the US Supreme Court clarified the issue in 1961, in Mapp v. Ohio, the federal constitutional rule applies to both state and federal officers. Many of the nation’s best criminal cases have been appeals from DUI-OUI arrests made after an officer acted on a hunch, and did not have reasonable suspicion.

IMG_1832x-286x300In Maine, your income makes no difference in how much your ticket will cost. The fine scale is predetermined and applies evenly to everyone, which seems reasonable. But is it really fair? That all depends on who you are and how much money you make. For some, a speeding ticket could be devastating and for others, it could be nothing more than a slight annoyance.

Lets say that you are driving on the interstate with a speed limit of 60MPH and you get a ticket for going 75MPH. The cost for this tickets will likely be around $200. According to, the median household income in Maine is around $55,000 a year. That means that this ticket would be 4.36% of your household income for the month. This would perhaps be a difficult hit, but at the end of the day, would not be the end of the world. It would probably be a good incentive to be more careful and to drive slower in the future. This is exactly the hope of the law makers who set the fee scale for the ticket.

But now lets say that the NFL commissioner gets the same $200 ticket while he is at vacation house in Maine. His income, according to USA Today, is around $40,000,000 a year. That would mean the same ticket would be 0.006% of his monthly income. That type of punishment would be the equivalent of the person making $55,000 a year getting a ticket for around 28 Cents. Is there really any incentive there to follow the speed limit? There are other penalties such as possible license suspension that come with enough points on your license. But if your income is high enough, paying a driver a full time salary would be a realistic option. That is obviously not an alternative for the average Mainer.


Temporary order

The first thing you need to be aware of is if there is a temporary order in place when you are served the order. A temporary protection order takes effect as soon as it is signed by a judge. However, the defendant must have actual notice of the temporary order, or have been served with the order, in order to be charged with a crime for violating it. Even if you feel that the allegations are false and the case is eventually found in your favor, the temporary order still must be respected or you could face criminal charges. For example, if the temporary order prohibits you from entering a home you shared with the plaintiff, you will be charged with a crime if you enter the house, even if the plaintiff has invited you. Violation of a temporary protection order is a Class D crime that carries penalties of up to 364 days in jail and/or a fine of up to $2,000.

Difference between harassment and abuse order

There is no easy answer here. It depends on your situation and why you got the ticket. When we talk about tickets in this blog, we mean civil traffic violations such as failure to signal, speeding (under 30MPH over the speed limit), failure to stop at a stop sign, and other minor traffic infractions. We are not referring to more serious criminal driving charges like Operating Under the Influence, Criminal Speeding (over 30MPH over the speed limit), or Illegally Passing a School Bus. For any criminal charge, you should always have an attorney.

If you have a Commercial Driver Licenses (CDL), drive for a living, or have any concern that the ticket could cause you to lose your license, you should absolutely speak with an attorney. Any person whose driving record shows an accumulation of 12 demerit points for convictions or adjudications within a one year period may have his or her license, permit or privilege to operate suspended for a period of up to 15 days.

Here is a short list of examples of some of the demerit point values for common traffic tickets:

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