Southern Maine Criminal Lawyer Blog

Are Traffic Tickets Fair?

Published on: June 29, 2020 | by Webb Law Firm

IMG_1832x-286x300 In Maine, your income makes no difference in how much your ticket will cost. The fine scale is predetermined and applies evenly to everyone, which seems reasonable. But is it really fair? That all depends on who you are and how much money you make. For some, a speeding ticket could be devastating and for others, it could be nothing more than a slight annoyance.

Lets say that you are driving on the interstate with a speed limit of 60MPH and you get a ticket for going 75MPH. The cost for this tickets will likely be around $200. According to datausa.io, the median household income in Maine is around $55,000 a year. That means that this ticket would be 4.36% of your household income for the month. This would perhaps be a difficult hit, but at the end of the day, would not be the end of the world. It would probably be a good incentive to be more careful and to drive slower in the future. This is exactly the hope of the law makers who set the fee scale for the ticket.

But now lets say that the NFL commissioner gets the same $200 ticket while he is at vacation house in Maine. His income, according to USA Today, is around $40,000,000 a year. That would mean the same ticket would be 0.006% of his monthly income. That type of punishment would be the equivalent of the person making $55,000 a year getting a ticket for around 28 Cents. Is there really any incentive there to follow the speed limit? There are other penalties such as possible license suspension that come with enough points on your license. But if your income is high enough, paying a driver a full time salary would be a realistic option. That is obviously not an alternative for the average Mainer.

What Should I Do If Served With A Maine Protection Order?

Published on: June 1, 2020 | by Webb Law Firm

A Maine protection order is issued in an effort to protect a spouse or girlfriend from further harrassment and physical abuse by their partner. These domestic violence orders also can protect any children involved. The no contact order specifies the distance that one person must stay away from the filing party, for example 50 yards. This legal document also lists the prohibited means of communication like no phone calls, no Facebook messages, and no other social media contact.

What If a Temporary Order Is Already in Place?

The first thing you need to be aware of is if there is a temporary order in place when you are served the order. A temporary protection order takes effect as soon as it is signed by a judge. However, the defendant must have actual notice of the temporary order, or have been served with the order, in order to be charged with a crime for violating it. Even if you feel that the allegations are false and the case is eventually found in your favor, the temporary order still must be respected or you could face criminal charges. For example, if the temporary order prohibits you from entering a home you shared with the plaintiff, you will be charged with a crime if you enter the house, even if the plaintiff has invited you. Violation of a temporary protection order is a Class D crime that carries penalties of up to 364 days in jail and/or a fine of up to $2,000.

Do I need a Lawyer if I Received a Traffic Ticket?

Published on: May 26, 2020 | by Webb Law Firm

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There is no easy answer here. It depends on your situation and why you got the ticket. When we talk about tickets in this blog, we mean civil traffic violations such as failure to signal, speeding (under 30MPH over the speed limit), failure to stop at a stop sign, and other minor traffic infractions. We are not referring to more serious criminal driving charges like Operating Under the Influence, Criminal Speeding (over 30MPH over the speed limit), or Illegally Passing a School Bus. For any criminal charge, you should always have an attorney.

If you have a Commercial Driver Licenses (CDL), drive for a living, or have any concern that the ticket could cause you to lose your license, you should absolutely speak with an attorney. Any person whose driving record shows an accumulation of 12 demerit points for convictions or adjudications within a one year period may have his or her license, permit or privilege to operate suspended for a period of up to 15 days.

Here is a short list of examples of some of the demerit point values for common traffic tickets:

Were You Charged with an OUI and Never Mirandized?

Published on: May 18, 2020 | by Webb Law Firm

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Do Police Have to Read You Your Rights?

Police have an obligation to read you your Miranda warnings before conducting a custodial interrogation. An interrogation means that the questions are designed to elicit an incriminating response. Meaning, routine questions such as what your name is, your address, and your date of birth are not considered to be interrogative. However, arrests can occur without a reading of Miranda as long as no incriminating questions are being asked of you. But, if police choose to interrogate you at any time after arresting you, your rights must be read to you before any questioning occurs.

In addition to being interrogated, you also must be in police custody in order for the Miranda laws to apply. Custody means that your freedom of action must be deprived in some way. Maine courts have traditionally held that an interrogation is custodial if a reasonable person in your shoes would have felt that he or she was not at liberty to end the interrogation and leave. Being in custody may mean that you are in handcuffs, in a police cruiser, at the police station, or other similar scenarios where you are not free to leave at your own will. But ultimately, there are many factors that are considered by courts in determining whether you were truly in police custody, which is why consulting with an attorney can be important.

How Much Does a Maine OUI Cost?

Published on: May 11, 2020 | by Webb Law Firm

Maine OUI Lawyer John Scott Webb

After getting an OUI/DUI in Maine, there are often lots of questions that may come into your mind. Most of them have answers that can be found as you search for legal services. One question that cannot be answered online is how much does a Maine OUI cost?

Specifically, how much are court fines, OUI school, attorney’s fees, and license reinstatement fees? How much is an ignition interlock device installed on my car? What if I lose my job? What if an OUI on my record keeps me from getting a new job?

Let’s break down these expenses one by one:

The Effect of Criminal Charges on School Related Issues

Published on: April 27, 2020 | by Webb Law Firm

best-criminal-lawyer-400x284-1-300x213 What Charges Affect Student Loans?

If you have been charged with a violation, you are probably wondering where else this charge may affect you, other than with the law. One area that you may be affected is through schooling. If you are incarcerated, you would have limited eligibility for the federal student aid program. But once you are released, many of those limitations are removed. There are, however, a few charges that limit your aid eligibility even after being released.

If you are receiving or applying for federal student aid, there is a chance that past criminal charges may affect you. For instance, the FAFSA, a form used by many college students to apply for federal financial aid for college or graduate school, will ask whether you have had a drug conviction for an offense that occurred while receiving aid. If your answer to this question is “yes,” you will be provided with a worksheet to determine your eligibility for federal student aid. This does not necessarily mean that you are entirely ineligible to receive federal funding, but it may mean that you are ineligible for a certain period of time.

What are the First Steps After Being Accused of Domestic Violence or Sexual Assault?

Published on: April 6, 2020 | by Webb Law Firm

IMG_1864-300x200 What should I do first?

You should call a lawyer right away. If you have not been arrested but think you might be soon, your lawyer could set up an arrangement to allow you to turn yourself in rather than have the PD show up to your house or even your job. If the PD is reaching out to you to get your side of the story, you should not speak to them without a lawyer present. This may be your chance to give your side of the story, but it is more likely that things will only get worse after this interview.

What should I do to help my case?

Road Side Trick Question

Published on: March 30, 2020 | by Webb Law Firm

IMG_1832x-286x300 By: Attorney Vincent S. LoConte

What is the question?

Often in a traffic stop when an officer suspects impairment, they will ask the question “on a scale of 1 to 10, 1 being sober and 10 being pass out drunk, how would you rate yourself”. Seems like a straight forward question, but is it really fair, and is there a right and wrong answer?

Maine’s Move Over Law Explained

Published on: July 16, 2019 | by Webb Law Firm

Maine’s Move Over Law: Safety for Police Officers and Safety for You

By: Maine Criminal Defense Attorney Katherine M. Campbell

It is well known that when you see an emergency vehicle driving up behind you with its lights or siren activated, you pull over. But one important law that many motorists fail to follow is Maine’s “Move Over” law which also requires you to move over when an emergency vehicle is stationary on the side of the road.

The Roadside Tests to Expect When Stopped for an OUI/DWI

Published on: April 5, 2019 | by Webb Law Firm

When you are stopped and the officer suspects impairment, they will utilize field sobriety tests to determine possible impairment due to alcohol or drugs. Your performance on these field sobriety tests is used by the officer to develop probable cause for arrest and as evidence in court.

Standardized Tests Versus Non-Standardized Tests

A wide variety of field sobriety tests exist and range in terms of reliability and weight if used in court. There are three standardized tests that are meant to be done identically by every officer to yield the most accurate results. There are also many more non-standardized tests that hold less evidentiary weight, but still can be used by an officer. The three standardized tests are Horizontal Gaze Nystagmus, Walk and Turn, and One Leg Stand.