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…
Southern Maine Criminal Lawyer Blog
Community Service and Baseball
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…
Is a DUI Breath Test an Illegal Search?
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…
Supreme Court case is changing DUI defense
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…
Extending the DUI lookback – The Maine legislature gets it right
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…
Extending the DUI look back in Maine
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…
Molly
Miley Cyrus is dancing with her, Kanye West sings about her. So who is Molly? Molly is a fairly common street drug that causes hallucinations and euphoria but also promises a terrifying and horrific crash. In addition to the drug’s advertised purity and potency, celebrity endorsements are boosting its popularity.…
THE TIDE HAS SHIFTED…..
The Supreme Court recently decided a case Missouri v. McNeely, 567 U.S. ____ (2012) holding that police officers cannot normally conduct blood-alcohol tests without a warrant. After being stopped by a police officer for speeding and crossing the centerline the officer noticed several signs that McNeely was intoxicated, including McNeely’s…
DUI breath testing and radio frequency interference
Wikipedia defines Radio Frequency Interference as: “Electromagnetic interference (or EMI, also called radio-frequency interference or RFI when in high frequency or radio frequency) is disturbance that affects an electrical circuit due to either electromagnetic induction or electromagnetic radiation emitted from an external source.[1] The disturbance may interrupt, obstruct, or otherwise…
A Bad Day of Driving Then Drinking
The author of one of the greatest home runs in baseball history, thirty-seven years ago Sunday, was arrested for DUI/OUI/DWI on Monday, October 24th. Hall of Fame catcher Carlton Fisk, a god to Red Sox fans like me after his homerun in Game 6 of the 1975 World Series, was…