When I last wrote I discussed whether a warrant was needed for a breath test. I argued that a warrant was needed based on previous Supreme Court cases. I was happy that one judge agreed with me. Well, a couple of weeks ago the Supreme Court decided North Dakota v.…
In 2013 the Supreme Court held in Missouri v. McNeely, 133 S.Ct. 1552 (2013), that a blood draw is a search requiring a warrant or a warrant exception. Since then I’ve been arguing that the same logic applies to a breath test. I based this argument on Skinner v.…
The Maine Association of Criminal Defense Lawyers is putting on a seminar to train lawyers to defend DUI cases. It will be held at the Hilton Garden Inn, Freeport, Maine, on August 22, 2014. (In Maine that is OUI – Operating Under the Influence.) I have the honor to be…
The United States has the sorry distinction of locking up a higher percentage of its citizens than any other country. It is not that Americans break the law more than people in other countries. We don’t. The problem lies with the idea that putting people in prison is the cure…
In DUI cases police routinely order people to take breath tests. For years no one gave much thought to whether such orders are legal. The 2013 case of Missouri v. McNeely may be changing that situation. In McNeely the Supreme Court held that a warrant was required before a blood…
A little more than a year ago the United States Supreme Court decided a case that is having a significant effect on DUI cases around the country. In April, 2013, the Court decided the case of Missouri v. McNeely, 133 S.Ct. 1552, 185 L.Ed.2d 696 (2013). This post, and several…
Much to my surprise the Maine Legislature voted overwhelmingly to reject extending the lookback for OUI’s from ten years to fifteen. In my last post I agreed with the prosecutors that a better idea was to make it a felony for anyone who gets an OUI, and who previously had…
The State of Maine is debating whether to increase the look back time for DUI convictions. The look back is the amount of time that must pass after a DUI before the next one is considered a first offense. The present look back in Maine is 10 years. That means…
Many people I talk to think a DUI is something any lawyer can handle. As an experienced DUI specialist lawyer I can tell you that is not true. I have many hours of specialized training that most lawyers do not have. The following case is a good example of why…
Many people do not realize that a DUI or other misdemeanor conviction in the United States can bar you from entering Canada. Folks who head to Canada on vacation are sometimes turned away at the border because a member the family has a DUI conviction. People on business trips, or…