DUI Category Archives — Southern Maine Criminal Lawyer Blog Published by Southern Maine Criminal Attorneys

Are Fireworks Legal in Maine? Criminal Attorney John Webb Answers

Published on: April 19, 2021 | by Webb Law Firm

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.

OUI Roadblocks In Maine: Know Your Rights

Published on: April 12, 2021 | by Webb Law Firm

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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 COVID-19 Pandemic Has Led to More Drugged Drivers

Published on: February 26, 2021 | by Webb Law Firm

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.

Should I Take a Breathalyzer Test? Maine Criminal Defense

Published on: December 30, 2020 | by Webb Law Firm

By Intern Nicole Williamson, UMaine Law

Maine OUI Police Car
It’s that time of year again, and alcohol plays as big a part in the festivities of this season as always. But before you get boozy celebrating you should make sure you have a designated driver or alternative travel plans. Every year, Maine OUI lawyers near me sees an uptick in drunk driving arrests during every holiday season, with Thanksgiving usually recording the highest number of OUI arrests in Saco and Portland, ME. And driving impaired while on drugs instead of alcohol has become more widespread than ever, especially OUI marijuana charges.

The best way to avoid an OUI is, of course, to avoid drinking or drugging and driving. Still, even folks who have the best intentions can get caught up in the holiday spirit and end up buzzed behind the wheel. The legal BAC limit for drivers over 21 years of age is 0.08%, so being buzzed is all it takes to land in jail.

Were You Charged with an OUI and Never Mirandized?

Published on: May 18, 2020 | by Webb Law Firm

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Do Police Have to Read You Your Rights?

Police have an obligation to read you your Miranda warnings before conducting a custodial interrogation. An interrogation means that the questions are designed to elicit an incriminating response. Meaning, routine questions such as what your name is, your address, and your date of birth are not considered to be interrogative. However, arrests can occur without a reading of Miranda as long as no incriminating questions are being asked of you. But, if police choose to interrogate you at any time after arresting you, your rights must be read to you before any questioning occurs.

In addition to being interrogated, you also must be in police custody in order for the Miranda laws to apply. Custody means that your freedom of action must be deprived in some way. Maine courts have traditionally held that an interrogation is custodial if a reasonable person in your shoes would have felt that he or she was not at liberty to end the interrogation and leave. Being in custody may mean that you are in handcuffs, in a police cruiser, at the police station, or other similar scenarios where you are not free to leave at your own will. But ultimately, there are many factors that are considered by courts in determining whether you were truly in police custody, which is why consulting with an attorney can be important.

How Much Does a Maine OUI Cost?

Published on: May 11, 2020 | by Webb Law Firm

Maine OUI Lawyer John Scott Webb

After getting an OUI/DUI in Maine, there are often lots of questions that may come into your mind. Most of them have answers that can be found as you search for legal services. One question that cannot be answered online is how much does a Maine OUI cost?

Specifically, how much are court fines, OUI school, attorney’s fees, and license reinstatement fees? How much is an ignition interlock device installed on my car? What if I lose my job? What if an OUI on my record keeps me from getting a new job?

Let’s break down these expenses one by one:

Road Side Trick Question

Published on: March 30, 2020 | by Webb Law Firm

IMG_1832x-286x300 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 question, but is it really fair, and is there a right and wrong answer?

How to Find the Best Portland Maine DUI Law Firm

Published on: March 26, 2018 | by Webb Law Firm

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

Portland Maine Saco DUI Lawyer John S. Webb
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.

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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.

Even Vampires Need Warrants!!

Published on: September 11, 2014 | by Webb Law Firm

blood-test-warrants 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 TIDE HAS SHIFTED…..

Published on: September 20, 2013 | by Webb Law Firm

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.