By: Attorney Vincent S. LoConte What is the question? Often in a traffic stop when an officer suspects impairment, they will ask the question “on a scale of 1 to 10, 1 being sober and 10 being pass out drunk, how would you rate yourself”. Seems like a straight forward…
Maine’s Move Over Law: Safety for Police Officers and Safety for You By: Maine Criminal Defense Attorney Katherine M. Campbell It is well known that when you see an emergency vehicle driving up behind you with its lights or siren activated, you pull over. But one important law that many…
When you are stopped and the officer suspects impairment, they will utilize field sobriety tests to determine possible impairment due to alcohol or drugs. Your performance on these field sobriety tests is used by the officer to develop probable cause for arrest and as evidence in court. Standardized Tests Versus…
By Saco ME and Portland ME OUI Super Lawyer John S. Webb With Over 25 Years of Courtroom Experience – Offering a Free Lawyer Consultation Under Maine Title 28-A, possession, consumption, or purchase of alcohol by a minor under 21 years old can cost up to $400 in fines (assuming…
Police manipulate breath testing devices (breath alcohol machine) by controlling the way people blow into them. Usually, police officers tell a person taking an alcohol breath test to take a deep breath and to blow into the machine as long as possible. During the test the officers will encourage this…
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…