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IMG_1864-300x200You may feel as though your privacy is being violated if your neighbor installs a security camera which—inadvertently or otherwise—captures activity in your yard. Yet there are no laws in Maine which prevent a person from installing cameras pointing outwards from their own property.

The law does not treat your backyard or the outside of your home as spaces where you have the reasonable expectation of privacy. Your neighbor is allowed to visually record you in these spaces for the same reason that Google can take satellite images of your land.

If you find yourself in this situation and are uncomfortable, you may try speaking with your neighbor or installing something on your own property to block the camera’s view. These solutions are of course more likely to be effective if your neighbor is well intentioned and your property simply appears in the background of their recording.

word-image-7-300x243In Maine, many think that if your breathalyzer test comes back under .08, then you have passed the test and are free to go. This is not usually the case. This is because the law in Maine states that at the time of operation, a person had a breath or blood alcohol concentration of .08 or more or, were under the influence of intoxicants.

Impaired to the Slightest Degree

To be under the influence in Maine is to have your mental or physical faculties impaired however slightly or to any extent by intoxicants. This means that if you blow a .07 and the officer thinks that you are impaired slightly, you can be charged with an OUI. Not having the .08 breath test to fall back on makes the case much harder to prove for the State, but they can still use the officer’s observations to try to prove that you were impaired while operating. If you were to do poorly on your roadside tests, the officer may use that as evidence of impairment. This becomes a problem if your balance was effected by something other than intoxicants such as an injury or even the weather.  Even if the case is much more challenging to prove for the State, charges for OUI with tests under .08 are not uncommon.

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The quick answer is: It depends.

There is no easy answer here. It depends on your situation and why you got the ticket. When we talk about tickets in this blog, we mean civil traffic violations such as failure to signal, speeding (under 30MPH over the speed limit), failure to stop at a stop sign, and other minor traffic infractions. We are not referring to more serious criminal driving charges like Operating Under the Influence, Criminal Speeding (over 30MPH over the speed limit), or Illegally Passing a School Bus. For any criminal charge, you should always have an attorney.

If you have a Commercial Driver Licenses (CDL), drive for a living, or have any concern that the ticket could cause you to lose your license, you should absolutely speak with an attorney. Any person whose driving record shows an accumulation of 12 demerit points for convictions or adjudications within a one year period may have his or her license, permit or privilege to operate suspended for a period of up to 15 days.

Maine Traffic Lawyer Katie 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 motorists fail to follow is Maine’s “Move Over” law which also requires you to move over when an emergency vehicle is stationary on the side of the road.

When an officer pulls a person over, that officer, and sometimes even the occupants of the stopped vehicle, are standing on the side of the road. This is a dangerous situation to be in especially when on a busy road and especially at night. However, regardless of traffic conditions or the time of day, it is important that Maine motorists exercise caution, and follow the law when confronted with this situation.

Title 29-A §2054-9 is Maine’s “Move Over” law. What does the law require? When you pass a stopped emergency vehicle that is using an emergency light, you must:

You’ve been stopped and arrested for Operating Under the Influence of alcohol (OUI/DUI/DWI). You posted bail, and now you’re home. You’re terrified and have no idea where things go from here. All you did was drive your motor vehicle! You cannot believe you got a first offense DUI in Maine. At work everyone asks, “A drunk driving charge? Is this your first OUI?”

What were your test results? Blood alcohol level? Breath test? Blood test? Refusal? What are the first offense OUI penalties? If this summons for OUI/DUI/DWI is a subsequent offense to other significant driving convictions, we’ll be discussing them in a future blog. But for now, let’s take a minute and talk about the Maine first DUI.

When you are charged with a first offense in Maine, you actually have two cases going on at the same time. I try to get clients to visualize two trains on parallel tracks leaving the station together. On one track you have the court (the judge, the clerks, the DA’s Office), and on the other track you have the Bureau of Motor Vehicles. In most cases, long before the arraignment date for your court case (Plead not guilty!), the Bureau of Motor Vehicles BMV (also commonly known as “DMV”) will send you a Notice of Suspension. This is where we discuss loss of license. If you have not contacted a law firm at this point, you should do so now.

Breathalyzer test

In the United States, 28 people each year die from a car accident that involves some form of drink driving. That’s almost 30% of all traffic deaths in the country.

Not only this, alcohol-related crashes cost more than $44 billion each year.

Luckily, today, there are various ways to prevent these injuries- one of which is with a breathalyzer test.

drug arrests

Maine Drug Arrests Felony Misdemeanor
Updated May 1, 2019 by John S. Webb (shown with attorneys Katie Campbell and Vincent S. LoConte below)

Did you know that about 300 drug arrests are made in the state of Maine each year? Even for the most trivial drug charge, you could still be facing up to 6 months in jail and/or a $1000 fine. However, you are innocent until proven guilty in a court of law.

If you don’t want to spend time in jail or pay a hefty fine, you need to have a lawyer who will go to bat for you and, most importantly, knows what they are doing. An experienced lawyer who practices near your court will help you better understand what your criminal charges are and what your next steps should be.

best criminal lawyer

Whether you’re being charged with driving under the influence, theft or something else, it’s important you get the best criminal lawyer you can.

Finding a criminal lawyer that can fight your case in SACO Maine is essential if you’re going to stand a chance.

With so many criminal attornies, how you can you choose which is the right one to fight your corner. If you haven’t previously been in this position, it’s difficult to know where to start with hiring a criminal lawyer.

By: John Webb, Maine Criminal Defense Attorney for Over a Quarter Century

1st OUI in Maine

A DUI charge is a serious offense that shouldn’t be taken lightly. In the state of Maine, first-time offenders of a Maine OUI could face jail time, a $500 fine, and a 90-day license suspension. This first offense doesn’t include a possible probation period.

ME first drunk driving offense lawyers

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.

no-contact order

If you have recently been ordered to follow a no-contact order in Maine, you should not take any chances. Learning about the stipulations of the order could save you from having to face serious consequences.

A no-contact order is often confused with a restraining order, but the two are not the same. And, they can carry drastically different penalties.

The court of law takes these orders, also called “protective orders”, very seriously. If you are found in violation of such an order, you will have to answer to a justice system that is rarely forgiving under these circumstances. Breaking a no contact order is a very serious development.

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