Southern Maine Criminal Lawyer Blog

Maine Search and Seizure: Illegal Traffic Stops

Published on: January 11, 2024 | by Webb Law Firm

Is Maine a Stop and Identify State?

Maine is not a stop-and-identify state. No Maine statute requires you to show identification to police during a routine traffic stop or pedestrian encounter unless you are lawfully detained or placed under arrest. But two Maine statutes make it a Class E crime to intentionally refuse to give your correct name, address or date of birth to an officer who has probable cause to believe you committed a crime that can be charged by summons, or any motor vehicle violation. This distinction matters for anyone stopped by law enforcement in the Pine Tree State.

Lawyer John Scott Webb with Super Lawyers 2020 and Peer Rated badges for ethical standards and legal ability

This article covers your Fourth Amendment rights during traffic stops in Maine, what makes a stop unconstitutional, how to respond if police contact you by phone, and when you should speak with a criminal defense attorney.

Maine Marijuana Laws vs Federal Marijuana Law

Published on: December 20, 2023 | by Webb Law Firm

Maine Marijuana lawyer John Webb explains Maine Marijuana laws including possession and distribution. Saco and Portland Maine.

Is Marijuana Legal Under Federal Law?

Marijuana is currently illegal under federal law. Federal law divides each drug into a “schedule” classification according to its properties. Schedule I drugs include almost all illegal drugs, while Schedule V drugs are the least addicting, such as some cough medicines. Schedule I drugs carry the most severe punishments under federal law.

Despite numerous states’ laws permitting marijuana use, the federal government currently classifies marijuana as a Schedule I controlled substance. In other words, the federal government views marijuana to be a drug with a high potential for abuse and a lack of medical value. Meaning, under federal law, the use of marijuana is illegal for any reason including medicinal.

Are OUI Roadblocks In Maine Legal?

Published on: June 12, 2023 | by Webb Law Firm

By Maine OUI Lawyer John Scott Webb Serving Saco and Portland ME

Maine criminal defense lawyer John Webb explains how marijuana has become legal but only in certain situations.
OUI roadblocks are sobriety checkpoints 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 these license checks. 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.

What Happens If I Blow Under .08 on DUI Breath Test?

Published on: June 12, 2023 | by Webb Law Firm

In Maine, many think that if your breathalyzer test comes back under .08, then you have passed the DUI 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.

You Can Still Be Charged With DUI and Arrested With a BAC Under .08

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. Book a free consultation with a DUI lawyer near me.

Maine Law – Fake IDs and Underage Alcohol Purchases

Published on: May 22, 2023 | by Webb Law Firm

Webb Law Firm attorneys Nicole S. Williamson, Vincent S. LoConte, John S. Webb, and Bailey Lemieux

As summer officially begins, many young adults will find themselves home for the summer or preparing to leave for college for the first time. Of course, college is a place where freedom abounds and, often, this new-found freedom results in an urge to party. This naturally leads some kids to be tempted to purchase alcohol, in order to liven up their nightlife. While for the older collegiate this may be perfectly acceptable, trouble arises when underage students use all too prevalent and easily computer-generated fake IDs.

Maine Fake ID and Underage Possession Penalties

Although most that do so are vaguely aware of some level of risk associated with the presentation of false identification, few realize the serious civil violations that could be facing them should they be discovered. Maine Title 28-A § 2051 stipulates that possessing a fake ID can, as a minor, net you a $200 to $400 fine for a first offense, $300 to $600 for a second, and a guaranteed $600 for the third. In fact, providing any false written or oral evidence (even without having a fake ID) in an attempt to either purchase alcohol as a minor or enter an establishment where minors are forbidden (e.g. a club) can cause you to face the same fines as if you did have a fake I.D., plus (at the judge’s discretion) possible community service.

Maine Engine Interlock Device: What to Know After an OUI

Published on: May 21, 2023 | by Webb Law Firm

What Is an Engine Interlock Device?

Webb Law Firm attorneys Nicole S. Williamson, Vincent S. LoConte, John S. Webb, and Bailey Lemieux

An engine interlock device is a small breath-testing unit wired into a vehicle’s ignition system. It prevents the engine from starting if the driver’s breath registers alcohol above a preset limit. The device uses a fuel cell sensor to measure blood alcohol concentration (BAC). If the reading exceeds the threshold, the car will not start.

In Maine, the interlocking device alcohol detection threshold is set at 0.02 BAC. This is far lower than the 0.08 legal limit for an OUI charge. This strict standard exists because the interlock program is designed for drivers who have already been convicted of operating under the influence. The goal is zero tolerance, not a generous margin.

How to Get Out of an OUI in Maine: Webb Law

Published on: May 20, 2023 | by Webb Law Firm

By: Portland Maine OUI Attorney Vincent LoConte, With Webb Law Maine Law Firm

Webb Law Firm attorneys Nicole S. Williamson, Vincent S. LoConte, John S. Webb, and Bailey Lemieux

Maine OUI laws for drunk driving or drugged driving are very tough criminal charges. OUI arrests in Maine are a nightly event, but fewer are made in the deepest of winter just due to less traffic.

Who needs to know this information about a ME OUI? Anyone who operates a motor vehicle (boat, car, truck, motorcycle, jet ski, SUV, 18-wheeler) is subject to Maine OUI laws. Our OUI attorneys in Maine take phone calls all night, and on weekends to help those facing DUI offenses.

Lawyers in Portland & Saco ME: Criminal Law Attorneys

Published on: May 16, 2023 | by Webb Law Firm

OUI Lawyer John Webb serves Saco and Portland Maine.
Seeking a criminal defense attorney Maine? Similarly, if you need an OUI lawyer or a sex crimes attorney, the Webb Law Firm has your legal warrior ready and available at a law office location nearby. The COVID Pandemic led to a large increase in domestic violence restraining order cases nationwide, and Maine is no exception to the higher incidence reports.

Our litigation team (John Webb, Vincent LoConte, and Nicole Williamson) wants you to feel comfortable bringing ANY criminal law, juvenile law, administrative law or driver license suspension law or revocation case to our legal offices in Southern Maine. A few years ago, because the crime rate in Portland was 10-fold that rate in Saco, ME, we opened our Portland, ME additional office.

Our many legal professional criminal defense team competencies include avoiding DUI penalties like a suspended driver’s license, and helping you settle related personal injury claims if you caused injury to others. Plus, our advanced DUI-DWI classes in forensic science, such as NHTSA field sobriety test instruction, helps us in fighting an OUI in Maine.

How Much Can I Drink Before I Am OUI?

Published on: May 14, 2023 | by Webb Law Firm

Maine criminal defense lawyer John Webb explains how marijuana has become legal but only in certain situations.
As a Maine DUI lawyer I talk to people every month who were arrested for OUI in Southern Maine. An alarming number of those people are truly surprised at their blood-alcohol concentration (BAC). Many tell me they “paced themselves” to one drink per hour. For most people this pace is a recipe for disaster.

A Brief History of Alcohol Calculations

Scientists have studied alcohol for many years. In the early years of the 20th century a Swedish physician, Dr. Widmark, did extensive research. Based on his research he devised a formula for calculating blood-alcohol levels based on the amount of alcohol consumed, the person’s weight, their gender, and the amount of time that passed since first drinking. This formula then predicts a range for the person’s blood-alcohol level or concentration (BAC.) This is the formula that is used in virtually all smart phone calculators or the “drink wheel/calculators” sold. It is also the basis for the claim that one drink per hour will protect you from driving under the influence.

No Contact Order vs Restraining Order in Maine

Published on: May 14, 2023 | by Webb Law Firm

Webb Law Firm attorneys Nicole S. Williamson, Vincent S. LoConte, John S. Webb, and Bailey Lemieux

If you have been ordered to follow a no-contact order in southern Maine (Augusta Maine and south of there), you should not take any chances. Learning about the stipulations and conditions placed against you in a no-contact order could save you from having to face serious consequences – including jail time.

A no-contact order is often confused with a domestic violence restraining order, but the two are not the same. Plus, they can carry drastically different penalties. In general, a no contact order is issued AFTER a threatening encounter has taken place, whereas a restraining order (in Maine, a protection from abuse order) is a civil order that the person seeking protection asks the court for, and a final order requires a finding that abuse was committed unless both sides agree to the order. Abuse under Maine law includes threats, stalking and putting someone in fear of injury, not only physical violence. So, a restraining order is used to stop the abuse and prevent the potential for a dangerous situation that can result in serious domestic violence charges.

Does a No Contact Order Specify the Physical Distance That Must Be Obeyed?