By Saco ME and Portland ME OUI Super Lawyer John S. Webb With Over 25 Years of Courtroom Experience – Offering a Free Lawyer Consultation 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…
Southern Maine Criminal Lawyer Blog
Avoiding police manipulation of breath tests
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…
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…
Breath test is a search, but so what?
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.…
State of Maine v. R.J.: OUI Defense
Blood / Alcohol Content (BAC): .21% Defense: Chewing Tobacco in Mouth and Lack of Credibility of Police Defense Attorney: John Scott Webb Offense: Operating Under the Influence (OUI, DUI, DWI) Maximum Sentence: 364 days in Jail (minimum 48 hours in jail, 90 day license suspension, $400.00 fine) Synopsis: Client, according…
State of Maine v. W.G.: Refused Breathalizer Test
Blood / Alcohol Content (BAC): Refusal Defense: Lack of Credibility of Police and Improper Administration of Field Sobriety Tests Defense Attorney: John Scott Webb Offense: Second Offense OUI (refusal), Class D Maximum Sentence: 364 days in jail (minimum 12 days in jail, 18 month license suspension consecutive to any administrative…
State Of Maine v. J.R.: Gross Sexual Assault
Defense Attorney: John Scott Webb Offense: 4 Counts Gross Sexual Assault (Class “A” Felony) 1 Count Unlawful Sexual Contact (Class “B” Felony) Maximum Sentence: 170 Years in Prison Issues: Lack of Credibility of Government’s Witnesses Synopsis: Family member of J.R. complained to a friend that J.R. had been touching and…
State of Maine v. J.T.: Drug Trafficking
Defense Attorney: John Scott Webb Offense: Unlawful Trafficking in Scheduled Drugs (Marijuana) Maximum Sentence: 5 Years (felony) Issues: Lack of Credibility of Police Synopsis: Police detective was off-duty and walking the property line of some land he was contemplating purchasing. This land was in the same municipality where he worked.…
USA v. S. T.: Cocaine Trafficking
FEDERAL CASE Defense Attorney: John Scott Webb Offense: Count #1 – Conspiracy to Traffic in Cocaine, Five (5) year minimum mandatory sentence, Felony Charge Count #2 – Possession with Intent to Distribute Cocaine, Felony Charge Issues: Lack of Credibility of Government’s Witness Synopsis: Client was a passenger in a car…
State of Maine v. J.H.: Aggravated Assault
Defense Attorney: John Scott Webb Offense: Aggravated Assault with a Dangerous Weapon; Driving to Endanger Maximum Sentence: Aggravated Assault with a Dangerous Weapon (10 years) Driving to Endanger (1 year) Issues: Lack of Credibility of Lay Witnesses and Duress Synopsis: Client and a friend were camping up north. During dinner…