State of Maine v. T.M. Offense: OUI

September 19, 2011

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 pool. Upon leaving the tavern, […]

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State of Maine v. R.B. Offense: First OUI

September 19, 2011

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 never stopped. While attempting to […]

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State of Maine v. M. Offense: OUI with High BAC

September 19, 2011

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 a police officer just after […]

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Bullcoming Part II: Implications

August 19, 2011

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 a level of scientific expertise […]

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Bullcoming v. New Mexico: Part I

July 15, 2011

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 alcohol test was ordered, which […]

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4th of July Fireworks: Don’t Let It Include Red, White and Blues

June 24, 2011

  As the 4th of July approaches, many will be gearing up to celebrate our nation’s independence with a big family get together, a little backyard grilling, and maybe a game of all-American baseball or two. However, the introduction of fireworks into these celebrations can prove disastrous when in Maine. Under Maine Title 9-A, the […]

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Up In Smoke

June 17, 2011

The traditional justification for instigating a search of automobile occupants has – according to the Massachusetts Supreme Court – just gone up in smoke. Recently, the Massachusetts Supreme Judicial Court ruled in Commonwealth v. Cruz , SJC Case Number SJC-10738, that the odor of marijuana alone does not suffice to establish probable cause or reasonable […]

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Prom Season Gone Bad? Don’t Let It Happen To You!

April 22, 2011

Now that we’re nearing the end of April, many high school students are gearing up for prom season. Unfortunately, this annual event is also too often the harbinger of underage drinking and, as a result, criminal liability. Under Maine Title 28-A, possession, consumption or purchase of alcohol by a minor can fetch up to $400 […]

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WCCM AM 1110 Radio Appearance

February 19, 2011

Nationally known New Hampshire DWI Defense Attorney Mark Stevens (http://www.byebyedwi.com) invited me to appear this last week on his radio show “Lawyer UP”, heard every Thursday morning at 9 a.m. on WCCM, AM 1110 (http://www.1110wccmam.com). It was Mark’s (@ByeByeDWI) first show, and I was honored to be his first guest on the inaugural episode. I […]

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GPS Tracking Devices – A Warrant or Not A Warrant – That is NOW the Question

September 9, 2010

Last month, the United States Court of Appeals for the District of Columbia Circuit, overturned the District Court’s denial of the Defendant’s motion to suppress and held that the use of a GPS device to track the Defendant’s automobile for a month without a warrant was an unreasonable search within the meaning of the Fourth […]

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