Southern Maine Criminal Lawyer Blog

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:

The Effect of Criminal Charges on School Related Issues

Published on: April 27, 2020 | by Webb Law Firm

best-criminal-lawyer-400x284-1-300x213 What Charges Affect Student Loans?

If you have been charged with a violation, you are probably wondering where else this charge may affect you, other than with the law. One area that you may be affected is through schooling. If you are incarcerated, you would have limited eligibility for the federal student aid program. But once you are released, many of those limitations are removed. There are, however, a few charges that limit your aid eligibility even after being released.

If you are receiving or applying for federal student aid, there is a chance that past criminal charges may affect you. For instance, the FAFSA, a form used by many college students to apply for federal financial aid for college or graduate school, will ask whether you have had a drug conviction for an offense that occurred while receiving aid. If your answer to this question is “yes,” you will be provided with a worksheet to determine your eligibility for federal student aid. This does not necessarily mean that you are entirely ineligible to receive federal funding, but it may mean that you are ineligible for a certain period of time.

What are the First Steps After Being Accused of Domestic Violence or Sexual Assault?

Published on: April 6, 2020 | by Webb Law Firm

IMG_1864-300x200 What should I do first?

You should call a lawyer right away. If you have not been arrested but think you might be soon, your lawyer could set up an arrangement to allow you to turn yourself in rather than have the PD show up to your house or even your job. If the PD is reaching out to you to get your side of the story, you should not speak to them without a lawyer present. This may be your chance to give your side of the story, but it is more likely that things will only get worse after this interview.

What should I do to help my case?

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?

Maine’s Move Over Law Explained

Published on: July 16, 2019 | by Webb Law Firm

Maine’s Move Over Law: Safety for Police Officers and Safety for You

By: Maine Criminal Defense Attorney Katherine M. 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.

The Roadside Tests to Expect When Stopped for an OUI/DWI

Published on: April 5, 2019 | by Webb Law Firm

When you are stopped and the officer suspects impairment, they will utilize field sobriety tests to determine possible impairment due to alcohol or drugs. Your performance on these field sobriety tests is used by the officer to develop probable cause for arrest and as evidence in court.

Standardized Tests Versus Non-Standardized Tests

A wide variety of field sobriety tests exist and range in terms of reliability and weight if used in court. There are three standardized tests that are meant to be done identically by every officer to yield the most accurate results. There are also many more non-standardized tests that hold less evidentiary weight, but still can be used by an officer. The three standardized tests are Horizontal Gaze Nystagmus, Walk and Turn, and One Leg Stand.

OUI Under 21 Years of Age – Saco and Portland ME Criminal Lawyer

Published on: September 22, 2017 | by Webb Law Firm

By Saco ME and Portland ME OUI Super Lawyer John S. Webb With Over 25 Years of Courtroom Experience – Offering a Free Lawyer Consultation

Portland Maine Saco Criminal Lawyer John S. Webb
Under Maine Title 28-A, possession, consumption, or purchase of alcohol by a minor under 21 years old can cost up to $400 in fines (assuming it is a minor in possession first offense). Parents who allow minors in their control, or in a place under their control (main residence, beach house), to consume alcohol are facing a Class D crime, meaning that it is punishable by up to 364 days in jail and/or a fine of up to $2,000. If the minor is less than 18 years old, then there is a mandatory fine of not less than $1,000 (for a first offense).

If a minor is found illegally transporting alcohol, they can face a fine up to $500 as well as have their driver’s license suspended for 30 days (again, assuming a first offense). Lastly, a minor found to have any alcohol at all in their bloodstream while driving (OUI Under 21) can have their license suspended for a year if the minor is alone in the vehicle – or two and a half years if they have a passenger under 21 in the car. They can then face even harsher punitive action if they are a .08 BAC or above.

Avoiding police manipulation of breath tests

Published on: August 4, 2017 | by Webb Law Firm

Police manipulate breath testing devices (breath alcohol machine) by controlling the way people blow into them. Usually, police officers tell a person taking an alcohol breath test to take a deep breath and to blow into the machine as long as possible. During the test the officers will encourage this by telling the test subject to “blow, blow, blow” until the person runs out of breath. The alcohol breath test results then produce a falsely high number.

The blow alcohol tester machines are designed to estimate your blood alcohol content or BAC by measuring your breath alcohol. To do this the machines must use certain assumptions about your temperature, blood particulate levels, and several other factors.

By far the most important factor is temperature. Henry’s Law says that the concentration of a substance contained in the gas found in the headspace over a liquid is directly proportional to the temperature at the point of exchange. In breath testing terms this means that the warmer your lungs are, the more alcohol will be in your breath, regardless of the concentration of alcohol in your blood.

DUI Marijuana Laws in Maine

Published on: August 14, 2016 | by Webb Law Firm

DUI Marijuana Laws in Maine Even if you are not stoned, you can lose your license in Maine if you are convicted of DUI marijuana, also known as DUI weed. Maine drug law says that if there is probable cause to believe you are under the influence of some drug, and you show a positive test for a drug metabolite in your urine or hair tests, your driver’s license will be suspended.

The problem with this marijuana impaired driving law is threefold.

First, probable cause is a very low standard of proof. It isn’t even proof that something is more likely than not, it is a mere suspicion based on observed facts. How little proof is required? The case of State v. Webster, 2000 ME 115, the defendant made an illegal U-turn. When police stopped him he denied any recent drinking, but the officer smelled alcohol on his breath. The officer then gave Webster field sobriety tests which he PASSED. Despite passing the tests, Webster was arrested. His breath tested at a .10% alcohol.