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…
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…
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…
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.…
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…
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…
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…