Category Archives: OUI/DUI

CLASS B OUI BASED ON PRIOR MANSLAUGHTER, STATE V. HASTEY.

CLASS B OUI BASED ON PRIOR MANSLAUGHTER, STATE V. HASTEY. Posted by Edmund R. Folsom, November 6, 2018. In February of 2016, Troy Hastey was charged with OUI, elevated to a Class B crime based on a 1991 conviction of manslaughter.  The statute

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EXIGENT CIRCUMSTANCES FOR AN OUI BLOOD DRAW, STATE V. MARTIN.

EXIGENT CIRCUMSTANCES FOR AN OUI BLOOD DRAW, STATE V. MARTIN. Posted by Edmund R. Folsom, Esq., October 28, 2018. I. Background: OUI Breath and Blood Tests, The Search Warrant Requirement and Search Warrant Exceptions. On October 23, 2018, Maine

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THE FALSE MATERIAL STATEMENT FELONY.

THE FALSE MATERIAL STATEMENT FELONY. Posted by:  Edmund R. Folsom, Esq., October 16, 2018. A person accused of doing something that he or she does not want to admit doing will often deny it.  This is not breaking news.  For instance, imagine an

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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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