Articles Posted in DUI

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.

By: John S. Webb, Portland, Maine DUI Attorney and Best Criminal Lawyer Near Me

A DUI charge is a serious offense that should NEVER be taken lightly. In the state of Maine first-time OUI offenders could face more jail time, a $500 fine, and a 90-day license suspension. A first offense doesn’t include a possible probation period.

If you’ve been arrested in southern Maine for DUI-OUI, it’s crucial you consider local law firms near me and then hire an attorney to represent you and help guide you to the best possible outcome. No person facing prosecution for a Maine OUI should try to navigate the legal process by themselves.

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 with nonconsensual blood testing in drunk-driving cases.

Tyler McNeely was stopped by a state trooper for speeding and crossing the centerline. After performing poorly on the Standardized Field Sobriety Tests, he declined a portable breath test and was arrested for OUI. At the station, he refused to take a breath test and was subsequently transported to the hospital for a blood draw. He did not consent to have his blood drawn, nor did the officer attempt to secure a search warrant. Nevertheless, his blood was subsequently drawn, which alleged a high blood alcohol content.

I will save you the procedural history, but it’s safe to say that on appeal, the Missouri state prosecutors went for a broad, sweeping rule of law that would allow police officers to draw blood under any circumstance, without a warrant or without the consent of the person arrested. They refused to try finding a middle ground; they wanted it all their way.

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 bloodshot eyes, his slurred speech, and the smell of alcohol on his breath.

McNeely admitted to the officer that he had consumed “a couple of beers” at a bar, and he appeared unsteady on his feet when he exited the truck. The officer conducted field sobriety tests on McNeely who performed poorly on the tests and declined to use a portable breath-test device to measure his blood alcohol concentration (BAC).

The officer then placed him under arrest and transported McNeely to a nearby hospital for blood testing. Upon arrival at the hospital, the officer asked McNeely whether he would consent to a blood test. Reading from a standard implied consent form, the officer explained to McNeely that under state law refusal to submit voluntarily to the test would lead to the immediate revocation of his driver’s license for one year and could be used against him in a future prosecution.

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 arrested in New Lenox, Illinois, refused to take a breath test and had an open bottle of vodka in the truck which was located in a cornfield.

If you are sitting in your vehicle in the middle of a cornfield and are charged with DWI/OUI/DUI here in Maine, you need to consult with a lawyer to help defend your case. How will the DAs Office prove this case beyond a reasonable doubt? Operation of a motor vehicle is an element of the crime that must be proven beyond a reasonable doubt. Was there actual operation? Did the driver admit to operation? In Maine, operation requires a person to either have power or attempt to put power to the wheels. 29-A M.R.S. § 2401(6); State v. Sullivan 146 ME 381 (1951). Is the vehicle in park, or was it in gear with the driver’s foot on the brake?

How will the government overcome the subsequent drinking issue? If there is an open bottle of liquor in the vehicle with the driver, how will they prove that any alcohol onboard the driver wasn’t consumed post-accident? Do they even know how long the driver was sitting in the cornfield?