Defense Attorney: John Scott Webb, Esq. Offense: Operating Under the Influence (OUI, DUI, DWI) Maximum Sentence: 364 days in jail Synopsis: Client was traveling home from a work function when a police officer passed him on the road. The police officer testified that the plate light on client’s vehicle was…
Southern Maine Criminal Lawyer Blog
State of Maine v. T.M. Offense: OUI
Defense Attorney: John Scott Webb, Esq. Offense: Operating Under the Influence (OUI, DUI, DWI) Maximum Sentence: 364 days in jail Synopsis: Client was drinking at a local Tavern, and was followed into the Tavern parking lot by the local police department. He stayed for a couple of hours, drinking and shooting…
State of Maine v. R.B. Offense: First OUI
Defense Attorney: John Scott Webb, Esq. Offense: Operating Under the Influence (OUI, DUI, DWI) Maximum Sentence: 364 days in jail (minimum 90 day license suspension, $500.00 fine) Synopsis:Client was driving intoxicated friend home when he came upon an accident scene. He drove slowly out and around the accident scene but…
State of Maine v. M. Offense: OUI with High BAC
Sample Case 1: State of Maine v. M. Defense Attorney: John Scott Webb, Esq. Offense: Operating Under the Influence (OUI, DUI, DWI) Maximum Sentence: 364 days in jail, 90 day license suspension, $500.00 fine Synopsis: Client took an illegal left hand turn onto a State highway in the presence of…
Bullcoming Part II: Implications
So what does the Supreme Court’s decision in Bullcoming v. New Mexico mean for the country at large? The answer is that no longer can scientific evidence be introduced into a case as if it were non-testimonial evidence. Testing and subsequent analysis of forensic evidence, far from being rote, requires…
The Flaws in Breath Testing–Part I
I cannot tell you the number of people I talk to who say, “Well, the breath test says I blew over .08, so there is nothing I can do, right?” Wrong! What most people do not understand is that breath tests do not measure your blood alcohol level. Breath tests…
Bullcoming v. New Mexico: Part I
The Supreme Court recently ruled in Bullcoming v. New Mexico in favor of the Petitioner. The details of this otherwise mundane DWI/DUI case are as follows: Bullcoming, when initially pulled over on the night of the bad incident, refused to take a breath alcohol test. As a result, a blood…
Will Canada still bar people with DUI convictions?
Many people do not realize that a DUI or other misdemeanor conviction in the United States can bar you from entering Canada. Folks who head to Canada on vacation are sometimes turned away at the border because a member the family has a DUI conviction. People on business trips, or…
How Much Evidence do Police Need to Stop You?
It is always surprising that so many people are stopped by the police and arrested for DUI when the reason they were stopped in the first place had nothing to do with DUI. I think more DUI arrests result from vehicle defects then from weaving. The Fourth Amendment says that…
DUI win in Supreme Court
We had a rare win in a DUI case from the United States Supreme Court. Last week the Court decided that the Confrontation Clause of the Constitution really means what it says – that a witness against a criminal defendant must testify in open court and look the defendant in…