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…
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…