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.…
Last month I spoke in Freeport at a seminar for lawyers on the topic of defending OUI cases in Maine. Part of the lecture I gave concerned a 2013 United States Supreme Court case called Missouri v. McNeely, 133 S.Ct. 1552. McNeely is a Fourth Amendment search warrant case dealing…
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…
I am pleased to announce that I just completed the 2014 Summer Session hosted by the National College for DUI Defense on the grounds of Harvard Law School on July 24-26, 2014. It featured some of the premier Operating Under the Influence (OUI/DUI/DWI) defense attorneys in the country on the…
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…
The Webb Law Firm has always had a strong sense of community service. Whether it’s volunteering, contributing to community causes or defending the constitutional rights of our friends and neighbors, we have remained dedicated to Maine since our youth. While I (@MaineOUI) am involved in other causes, the focus of…
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…