A Bad Day of Driving Then Drinking

by John on October 24, 2012

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 arrested in New Lenox, Illinois, refused to take a breath test and had an open bottle of vodka in the truck which was located in a cornfield.

If you are sitting in your vehicle in the middle of a cornfield and are charged with DWI/OUI/DUI here in Maine, you need to consult with a lawyer to help defend your case. How will the DAs Office prove this case beyond a reasonable doubt? Operation of a motor vehicle is an element of the crime that must be proven beyond a reasonable doubt. Was there actual operation? Did the driver admit to operation? In Maine, operation requires a person to either have power or attempt to put power to the wheels. 29-A M.R.S. § 2401(6); State v. Sullivan 146 ME 381 (1951). Is the vehicle in park, or was it in gear with the driver’s foot on the brake?

How will the government overcome the subsequent drinking issue? If there is an open bottle of liquor in the vehicle with the driver, how will they prove that any alcohol onboard the driver wasn’t consumed post-accident? Do they even know how long the driver was sitting in the cornfield?

These issues are just the beginning of a full analysis of any DUI/OUI/DWI case. If you have been accused by the police in Maine of OUI, “Operating Under the Influence of Alcohol or Drugs”, possession of a controlled drug or any alleged motor vehicle or criminal offense, feel free to call Attorney John Webb today at 207-283-6400 and arrange a free consultation to discuss your case or visit: www.nicholswebb.com.

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Disclaimer: This article is intended to provide general, not specific, information about Maine law. The publication of this article does not constitute an attorney-client relationship between the author(s) and the reader(s).

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