Even if you are not stoned, you can lose your license in Maine if you are convicted of DUI marijuana, also known as DUI weed. Maine drug law says that if there is probable cause to believe you are under the influence of some drug, and you show a positive…
When I last wrote I discussed whether a warrant was needed for a breath test. I argued that a warrant was needed based on previous Supreme Court cases. I was happy that one judge agreed with me. Well, a couple of weeks ago the Supreme Court decided North Dakota v.…
Blood / Alcohol Content (BAC): .21% Defense: Chewing Tobacco in Mouth and Lack of Credibility of Police Defense Attorney: John Scott Webb Offense: Operating Under the Influence (OUI, DUI, DWI) Maximum Sentence: 364 days in Jail (minimum 48 hours in jail, 90 day license suspension, $400.00 fine) Synopsis: Client, according…
Blood / Alcohol Content (BAC): Refusal Defense: Lack of Credibility of Police and Improper Administration of Field Sobriety Tests Defense Attorney: John Scott Webb Offense: Second Offense OUI (refusal), Class D Maximum Sentence: 364 days in jail (minimum 12 days in jail, 18 month license suspension consecutive to any administrative…
Defense Attorney: John Scott Webb Offense: 4 Counts Gross Sexual Assault (Class “A” Felony) 1 Count Unlawful Sexual Contact (Class “B” Felony) Maximum Sentence: 170 Years in Prison Issues: Lack of Credibility of Government’s Witnesses Synopsis: Family member of J.R. complained to a friend that J.R. had been touching and…
Defense Attorney: John Scott Webb Offense: Unlawful Trafficking in Scheduled Drugs (Marijuana) Maximum Sentence: 5 Years (felony) Issues: Lack of Credibility of Police Synopsis: Police detective was off-duty and walking the property line of some land he was contemplating purchasing. This land was in the same municipality where he worked.…
FEDERAL CASE Defense Attorney: John Scott Webb Offense: Count #1 – Conspiracy to Traffic in Cocaine, Five (5) year minimum mandatory sentence, Felony Charge Count #2 – Possession with Intent to Distribute Cocaine, Felony Charge Issues: Lack of Credibility of Government’s Witness Synopsis: Client was a passenger in a car…
Defense Attorney: John Scott Webb Offense: Aggravated Assault with a Dangerous Weapon; Driving to Endanger Maximum Sentence: Aggravated Assault with a Dangerous Weapon (10 years) Driving to Endanger (1 year) Issues: Lack of Credibility of Lay Witnesses and Duress Synopsis: Client and a friend were camping up north. During dinner…
In 2013 the Supreme Court held in Missouri v. McNeely, 133 S.Ct. 1552 (2013), that a blood draw is a search requiring a warrant or a warrant exception. Since then I’ve been arguing that the same logic applies to a breath test. I based this argument on Skinner v.…
Last month I spoke in Freeport at a seminar for lawyers on the topic of defending OUI cases in Maine. Part of the lecture I gave concerned a 2013 United States Supreme Court case called Missouri v. McNeely, 133 S.Ct. 1552. McNeely is a Fourth Amendment search warrant case dealing…