Category Archives: OUI/DUI

LEMUNIER-FITZGERALD IS SNAGGING-UP MY BOOK.

LEMUNIER-FITZGERALD IS SNAGGING-UP MY BOOK. Posted by Edmund R. Folsom, Esq. June 15, 2018. Thirteen months ago, State v. Lemunier-Fitzgerald was argued before the Law Court (Darrick Banda, trial attorney, Jamesa Drake, appellate counsel, amicus

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MAINE OUI: THE DUTY TO REQUEST AN ALCOHOL TEST.

MAINE OUI: THE DUTY TO REQUEST AN ALCOHOL TEST. Posted by Edmund R. Folsom, Esq., Date:  May 15, 2018 Background. Melevsky v. Secretary of State, 2018 ME 46, creates, in at least some circumstances, an obligation for a person under arrest for OUI

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FEDS, CRIMES, CONGRESS & HIGHEST POSSIBLE PENALTY POLICY.

FEDS, CRIMES, CONGRESS & HIGHEST POSSIBLE PENALTY POLICY. Posted by Edmund R. Folsom, Esq., May 18, 2017. Rand Paul is reintroducing legislation in the U.S. Congress, to give federal judges increased “safety valve” discretion to sentence

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BAR PASSAGE CRATERS – TOO MANY LAW SCHOOLS.

BAR PASSAGE CRATERS – TOO MANY LAW SCHOOLS. Edmund R. Folsom, Esq., April 16, 2017. It’s no secret that there are too many law schools and not enough lawyer jobs for their graduates. More than 50 new law schools have been accredited by

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OUI URINE TESTS & THE SEARCH WARRANT REQUIREMENT.

OUI URINE TESTS & THE SEARCH WARRANT REQUIREMENT. Posted by Edmund R. Folsom, Esq., March 29, 2017 This is part of my continuing efforts to explore implications of the U.S. Supreme Court’s decision in Birchfield v. North Dakota, 579 U.S. __,

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STATE V. BOYD- NO MAINE IMPLIED CONSENT TO BLOOD DRAWS.

STATE V. BOYD- NO MAINE IMPLIED CONSENT TO BLOOD DRAWS. Posted by Edmund R. Folsom, Esq., March 9, 2017 Recently, in State v. Boyd, 2017 ME 36, the Law Court flatly rejected the idea that Maine’s “implied consent” law can form grounds for a

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OFFERS OF PROOF- EXPERT TESTIMONY

OFFERS OF PROOF- EXPERT TESTIMONY Posted by:  Edmund R. Folsom, Esq. January 20, 2017 State v. Rourke, 2017 ME 10 (decided January 17, 2017), demonstrates the importance of thoroughness in presenting offers of proof.  Rourke was charged with OUI

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BIRCHFIELD V. NORTH DAKOTA & OUI IN MAINE

BIRCHFIELD V. NORTH DAKOTA & OUI IN MAINE Posted by:  Edmund R. Folsom, Esq. Date: July 1, 2016 In Birchfield v. North Dakota, 579 U.S. __ (June 23, 2016), the U.S. Supreme Court took up whether warrantless breath-alcohol tests and blood

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MAINE COPS DRAW BLOOD

MAINE COPS DRAW BLOOD Posted by Edmund R. Folsom December 18, 2015   Sometimes average people have no idea what’s going on in the world of law enforcement. For instance, a number of people have told me over time that they have thought

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2016 EDITION OF MAINE OUI LAW AVAILABLE NOW.

2016 EDITION OF MAINE OUI LAW AVAILABLE NOW. Posted by Edmund Folsom November 4, 2015, Revised 11/25/15New, 2016 editions of Maine OUI Law and Maine Driver’s License Suspensions, Revocations and Related Offenses (Non-OUI ) are available

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