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
A few words about Dzhokhar Tsarnaev and Miranda. Last night, literally within minutes of the announcement that Boston Marathon bombing suspect Dzhokhar Tsarneav had been arrested, certain news outlets (I noticed MSNBC) began reporting that police hadn’t read Tsarnaev his Miranda warnings. To some, this might have seemed an odd focus of media attention at [...]
Sat, April 20 2013 » Maine Law » No Comments
Exigent Circumstances for Warrantless OUI Blood Draws Not Automatic. In Missouri v. McNeeley, 569 U.S. __ (April 17, 2013), the United States Supreme Court rejected the State of Missouri’s argument that blood samples may always be drawn, in routine drunk driving cases, over a suspects objection and without the need for a search warrant, as [...]
Thu, April 18 2013 » Maine Law » No Comments
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
Criminal convictions and traffic infraction adjudications never go away. If you are convicted of a crime or adjudicated of a traffic infraction in Maine it will never “come off your record.” The only way to eliminate a criminal conviction from your record is to successfully appeal the judgment of conviction to the State Supreme Court (Law Court); [...]
Sun, March 24 2013 » Maine Law » No Comments
Here’s a story about my recent adventure at the Maine Legislature. It was my second attempt to secure a legislative fix for problems that I have encountered practicing criminal defense law in York County. My first ill-fated attempt was several years ago. The sitting D.A. at that time- who is not the current D.A.- was running for a higher [...]
Tue, March 19 2013 » Maine Law » 4 Comments
