A little more than a year ago the United States Supreme Court decided a case that is having a significant effect on DUI cases around the country. In April, 2013, the Court decided the case of Missouri v. McNeely, 133 S.Ct. 1552, 185 L.Ed.2d 696 (2013). This post, and several…
Southern Maine Criminal Lawyer Blog
Extending the DUI lookback – The Maine legislature gets it right
Much to my surprise the Maine Legislature voted overwhelmingly to reject extending the lookback for OUI’s from ten years to fifteen. In my last post I agreed with the prosecutors that a better idea was to make it a felony for anyone who gets an OUI, and who previously had…
Extending the DUI look back in Maine
The State of Maine is debating whether to increase the look back time for DUI convictions. The look back is the amount of time that must pass after a DUI before the next one is considered a first offense. The present look back in Maine is 10 years. That means…
Molly
Miley Cyrus is dancing with her, Kanye West sings about her. So who is Molly? Molly is a fairly common street drug that causes hallucinations and euphoria but also promises a terrifying and horrific crash. In addition to the drug’s advertised purity and potency, celebrity endorsements are boosting its popularity.…
THE TIDE HAS SHIFTED…..
The Supreme Court recently decided a case Missouri v. McNeely, 567 U.S. ____ (2012) holding that police officers cannot normally conduct blood-alcohol tests without a warrant. After being stopped by a police officer for speeding and crossing the centerline the officer noticed several signs that McNeely was intoxicated, including McNeely’s…
DUI breath testing and radio frequency interference
Wikipedia defines Radio Frequency Interference as: “Electromagnetic interference (or EMI, also called radio-frequency interference or RFI when in high frequency or radio frequency) is disturbance that affects an electrical circuit due to either electromagnetic induction or electromagnetic radiation emitted from an external source.[1] The disturbance may interrupt, obstruct, or otherwise…
A Bad Day of Driving Then Drinking
The author of one of the greatest home runs in baseball history, thirty-seven years ago Sunday, was arrested for DUI/OUI/DWI on Monday, October 24th. Hall of Fame catcher Carlton Fisk, a god to Red Sox fans like me after his homerun in Game 6 of the 1975 World Series, was…
John Webb Speaks at NCDD Summer Session
I am proud to report that this past weekend I was a Demonstration Speaker and Group Instruction Team member at the Summer Session of the National College of DUI Defense, July 26th to the 28th, hosted by Dean George Stein and held at Harvard Law School in Cambridge, Massachusetts. www.NCDD.com…
Canada allows entry if you have a DUI conviction.
For years I have advised clients that a single DUI will bar entry into Canada for ten years and two convictions will bar you for life. Starting March 1, 2012, some of that will change. Immigration Canada has bowed to pressure from the Canadian tourist industry and has modified Canada…
Why you need a DUI specialist lawyer
Many people I talk to think a DUI is something any lawyer can handle. As an experienced DUI specialist lawyer I can tell you that is not true. I have many hours of specialized training that most lawyers do not have. The following case is a good example of why…