Articles Posted in Operation and DUI

By: Southern Maine OUI Lawyer John Scott Webb, Martindale Hubbell Distinguished and Super Lawyer

John Scott Webb Awards

In Maine you can be charged with DUI even when you are not driving. Every state has a law that says it is illegal to drive under the influence or operate under the influence (OUI).  What many people do not realize is that most states have some variation of this law that allows police to charge you even when you are not actually driving (DUI parked car).

Depending on the state, a person can often be charged with attempting to drive or operate or being in actual physical control of a vehicle while under the influence.  Usually the penalties are the same as for driving under the influence.

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By Webb Law Firm, With Law Offices Near Me in Portland Maine and SaView postco ME

No other nation besides the United States has the Fourth Amendment protections that require a police officer to have information of a crime having been committed before “seizing” a person. When a driver is on the highway, the act of a government law officer seizing that person happens by signaling with emergency lights, using siren or even hand signals, to pull over.

Since the US Supreme Court clarified the issue in 1961, in Mapp v. Ohio, the federal constitutional rule applies to both state and federal officers. Many of the nation’s best criminal cases have been appeals from DUI-OUI arrests made after an officer acted on a hunch, and did not have reasonable suspicion.

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:

IMG_1832x-286x300By: 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?

OUI-300x200If you get a DUI it is very important that you get a good DUI lawyer right away.  If you wait, the chances of losing the case and losing your license get much, much worse.  You may lose the chance to fight your license suspension if you wait too long.  Equally as bad, critical evidence may be destroyed – that’s evidence you need to win.

Most states have a procedure that suspends your license for DUI or refusing a test BEFORE your court date.  In some states the police take your license when they arrest you.  In other states the Motor Vehicles department gets notice from the police about the DUI.  Motor Vehicles then sends you notice of suspension that your license will be suspended soon.  You have a right to fight this suspension, no matter which way they do it.  But that right requires you to tell Motor Vehicles you want to fight it.  The time to let them know is limited.  In my state, Maine, you have ten days from the date of suspension to challenge the suspension.  If you don’t file your challenge within those ten days, you can never challenge it.

Evidence you need to win your case may be lost if you don’t take steps to save it.  Police video cameras record to hard drives.  After a couple of weeks many of those hard drives start to record over the old recordings.  Unless you put the police on notice that you want the video saved, you may LOSE IT FOREVER.  That video may be the only evidence you have to prove the cop wrong.  If there is no video it is your word against the cop’s word.  Who do you think they will believe?

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drug-300x225I thought I had seen about everything in the DUI law area.  Then the Maine prosecutors decided to try change the law about drugs and driving.  Right now the LD 1491 is up in front of the state legislature and they are considering it.  Listen to this.

Here is what the new law says:

The Bureau of Motor Vehicles can take your license:

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