OAS for OUI, or operating after suspension for an OUI offense, is a particularly bad form of OAS. For conviction of a first offense, the crime carries a mandatory minimum jail sentence of 7 days, a mandatory minimum fine of $600.00 and a 1-year license suspension consecutive to (after) the original OUI suspension is finished. [...]
Wed, June 5 2013 » Criminal Law, Maine Law » No Comments
One issue that comes up frequently in criminal defense practice is what, if any, grounds a passenger has to complain either about a police officer’s stop or search of a vehicle he or she is riding in or about the search of items within that vehicle. What follows is a brief rundown of some [...]
Wed, May 22 2013 » Criminal Law, Maine Law » 2 Comments
Proportionate Sentencing in Maine and State v. Stanislaw In State v. Stanislaw, 2013 ME 43 (Stanislaw II), Maine’s Law Court fleshed out the details of a “proportionality” requirement for sentences imposed in this State. The requirement stems from Maine’s sentencing statutes and the proportionality clause, article I, section 9, of the Maine Constitution. In reviewing the [...]
Fri, May 17 2013 » Criminal Law, Maine Law » No Comments
NTSB recommends per se blood alcohol level of .05% or less. On May 14, 2013, the National Transportation Safety Board issued a report titled “Reaching Zero: Actions to Eliminate Alcohol-Impaired Driving.” http://www.ntsb.gov/doclib/reports/2013/SR1301.pdf The NTSB intends for that title to be taken literally, as in: zero incidents of alcohol impaired driving– alcohol impaired driving to [...]
Thu, May 16 2013 » Criminal Law, Maine Law, OUI/DUI » No Comments
The crime of assault, in Maine, is defined as intentionally, knowingly or recklessly causing offensive physical contact or bodily injury to another person. Simple assault is a Class D crime, punishable by up to 364 days in jail and up to a $2,000.00 fine. It carries a minimum mandatory fine of $300.00, which may not be [...]
Tue, May 14 2013 » Criminal Law, Maine Law » No Comments
In Florida v. Jardines, 569 U.S. __ (March 26, 2013), the U.S. Supreme Court decided it was unconstitutional for police officers, who did not have a search warrant, to approach the front door of a person’s home with a drug-detection dog, to allow the dog to sniff for drugs. Drug agents had received a tip, [...]
Sun, March 31 2013 » Criminal Law » 1 Comment
A couple of weeks ago, I returned a call from Patty Wight, a reporter from Maine Public Radio, seeking comment for a story she was doing on the Kennebunk Zumba prostitution prosecutions. Late last week, Ms. Wight called again and recorded some of my comments regarding whether the prosecutions of Mark Strong, Alexis Wright and [...]
Wed, March 27 2013 » Criminal Law, Maine Law » No Comments
It is important to provide change of address information to Maine’s Secretary of State, Bureau of Motor Vehicles. Licensed Maine drivers who change address are obligated to inform the Secretary of State, within 30 days. A licensed driver may notify the Secretary of State by telephone, at 207-624-9000, extension 52114; may convey the information in writing; or [...]
Mon, March 11 2013 » Criminal Law, Maine Law » 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
All criminal charges involve an arraignment. At the arraignment, the court explains the charges, the range of possible punishments, the presumption of innocence, the state’s burden of proof, the right to a jury trial and the right to counsel. At an arraignment on a misdemeanor charge, the court asks a representative of the state if [...]
Mon, November 5 2012 » Criminal Law, Maine Law » 2 Comments
