OUI can be committed by a person who has consumed zero alcohol. Anyone who drives under the influence of intoxicants commits OUI, and intoxicants are defined to include both alcohol and drugs. A person is deemed to be under the influence of intoxicants if the person’s mental or physical abilities are impaired to the slightest [...]
Fri, February 22 2013 » Maine Law » No Comments
This piece summarizes Maine violations involving minors possessing or consuming alcohol. The recent trial of a Falmouth couple on charges of allowing minors to consume alcohol at a party at their residence demonstrates how much trouble a person can get into for this conduct. Many parents are convinced that it is better to host a party [...]
Tue, February 12 2013 » Maine Law » No Comments
Update bulletin. The other day, I posted a story on the litigation surrounding Maine’s statutory/regulatory scheme for certified batterers’ intervention programs. The governing regulations allow certification only of programs for men convicted of certain violent crimes against intimate female partners. Oddly, they also contain the directive that Maine’s State certified batterers’ intervention programs must take [...]
Fri, February 8 2013 » Maine Law » No Comments
Over the past several months, the State has been replacing its old breath alcohol testing machines, the Intoxilizer 5000EN, with a newer model, the Intoxilizer 8000. Both the Intoxilizer 8000 and 5000EN operate on the principle of infrared spectroscopy, measuring the amount of infrared light absorbed in the sample chamber as it passes through a sample [...]
Wed, February 6 2013 » OUI/DUI » No Comments
In a recent case before Maine’s State Supreme Court (The Law Court), State v. Mosher, 2012 ME 133, Christopher Mosher challenged the 2-year probation term imposed as part of his sentence for a conviction of domestic violence assault. Mosher claimed that the probation term violated the equal protection clause of the Maine and U.S. Constitutions. In Maine, [...]
Sat, February 2 2013 » Criminal Law, Maine Law » 2 Comments
