Posts Tagged ‘attorney’

How To Become An OUI Attorney

July 20th, 2010

Becoming a dedicated OUI attorney in the state of Maine requires more than just waking up one morning and deciding to specialize in operating under the influence of drugs/alcohol charges. It requires college education, and an extensive in-depth knowledge of OUI laws in the state, so that the attorney can more successfully defend his/her client against these charges. Here is a basic timeline of what it takes to become an OUI attorney:

Pass the law school admission test. Although one might would think it is as simple as picking a law school, the truth is that law schools are choosy about who they will allow to learn to practice law. This pickiness helps narrow down those who are serious from those who are less passionate about law. After choosing a law school, take and pass the admission test in order to get started.

Go to law school. You have to get a college education at an accredited university to start, with a bachelor’s degree at minimum, and this requires commitment and a lot of studying. Only those with a real desire to become an attorney—regardless of the area of specialty—will make it through the grueling and mind-numbing courses of study required just to get a degree.

Specialize in OUI law. Just like a doctor intending to specialize in a specific area of medicine, attorneys must decide what area of the law they will represent. Some choose real estate or business, others family law, and still others criminal defense. There are other areas of expertise as well, from personal injury to bankruptcy. In order to specialize in OUI law, the attorney must learn everything about this charge and how best to represent each client according to Maine laws, mandates, statutes, and so on.

Pass the bar exam. In order to practice as an attorney, you must pass the bar exam in the state of Maine. This is much like a residency for a doctor, and gives the hopeful attorney an opportunity to present his or her knowledge before the Bar Association. Average cost for the test is $700, but the attorney’s cost may be more or less depending on the county, type of course, and applicable fees.

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Posted in DUI Attorney

Tags: attorney bar exam law school Maine OUI laws

Defending Against An OUI Charge Pt. 1

July 7th, 2010

Unless you are an attorney, you will likely have little or no idea of how to represent yourself against charges of operating under the influence. This can be a very complex legal situation, and even one wrong or poorly timed decision can be very costly in the long run, sometimes even costing the entire case. Instead of trying to muddle through the situation on your own, it is imperative to seek the services of an attorney who has made OUI charges his/her specialty.

There are a number of defenses that have a better chance of being successful in a given case, but the one that is best in your case may be different than what is most suitable for another person’s case, even if they look similar to the average defendant. Your attorney will help you decide what is best for your case, and this could mean the difference between an acquittal and a guilty verdict. It could also mean the end of your freedom, or at least your driving privileges, if it is not successful.

Hiring an OUI attorney who is licensed to practice in Maine is your first step toward protecting your rights and your freedom, and may be the most important defense method you can choose. Not all attorneys have the knowledge required to defend against an OUI charge, and this lack of knowledge can be the final nail in the coffin of your freedom. Keep in mind that it is not just your freedom and rights at stake, but your future, and your family’s as well. Even your friends and coworkers can be affected by an OUI conviction.

The best OUI defense strategies depend on the particulars of a given case. For example, if you are charged simply with operating under the influence—first offense, there are no aggravating or mitigating factors, you have no criminal record, and you are not contesting the charge, then the case may simply involve deciding what the appropriate sentence is for the case. On the other hand, if it is a repeat offense, or there are aggravating factors, or you plead not guilty, then the case may require a more in-depth defense strategy, including going over eyewitness testimony, expert credibility, and so on.

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Posted in DUI Defense, Maine OUI

Tags: aggravating factors attorney defense strategies mitigating factors operating under the influence OUI charge

Your Rights After An OUI

June 10th, 2010

As Americans, the vast majority of us understand that we are entitled to a few basic rights. Most of us are well aware of these rights, but few have little idea what rights change or are lost with a felony conviction. Some OUI, operating under the influence, charges are classified as felonies, and this article will describe what rights are altered or lost due to a felony conviction.

•    Weapons Rights

First and foremost, most convicted felons lose the right to bear arms, including hunting, gun collections, and even those kept for protection. The application of this punishment is different in some states, some choosing only guns as the type of weapons lost, while others will go so far as knives, crossbows, and other weapons as well. Your parole officer or lawyer should discuss the law in your state upon your release, or you can consult with a lawyer to learn more.

•    Voting Rights

In addition to losing your gun collection, you could also lose the privilege of having a say in upcoming elections as long as the felony is on your record. Most states have laws that keep convicted felons from voting, regardless of whether the charge is state or federal, and without regard to the felon’s age or social status. While this right may seem of little consequence in the grand scheme of things, it can be very discouraging to have no voice in electing leaders for the nation.

•    Government Office Privileges

Those who are or were planning to run for some form of office may lose this right, even if they are of legal age, have a wonderful social standing, and offer many years of qualifying public and legal experience. In most states, convicted felons do not have the right to run for any form of government office, from the lowliest positions upward.

•    Work Rights

While convicted felons can apply for any job that they desire, the number of employers who will choose to hire them once they learn of the felony record dwindle dramatically. Some of the best and highest paying employers quickly disqualify individuals based on felony record, depending on applicable state and federal law.

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Posted in Maine OUI, OUI Convictions & Penalties

Tags: attorney felony conviction felony OUI lawyer voting rights weapons rights working rights

Felony DUI trial victory

November 2nd, 2009

I just finished a grueling trial last week on a felony DUI. My client had been accused of DUI and refusing to submit to a breath test as well as stealing a car. My kid was looking at at least 2.5 years in prison if he had been convicted of the crime.  It was the greatest feeling to hear the foreman of the jury say the two sweetest words in the english language: Not Guilty!

Sometimes you can just look at a DUI case and figure that it is going to trial no matter what. Sometimes the facts of the case will dictate that direction while other times it is the client’s personal circumstances. Either way, you must always be prepared to take the case to trial. This isn’t poker. Bluffing gets you nowhere except a poor result. If the DA even suspects you are bluffing or that you never follow through with your assertion that you will try the case, chances are your case is going to fold and you, the client, will be left holding the bag.

Choosing an experienced trial lawyer is the key to the successful outcome of your case. Let’s face it. When life gives you lemons, sometimes you have to just make lemonade. If you hire the attorney who tells you “don’t worry, I know the DA”, or “I’ll get you a good deal”, you have just made a big mistake. There is nothing wrong with trying to angle a deal in a DUI case. However, deals don’t just grow on trees. They are earned through hard work and preparation as well as a time-tested reputation. It is better to negotiate with the point of a sword than it is to do it from your knees.

Don’t make the classic mistake of hiring the cheapest attorney or the attorney who will tell you what you want to hear. Rather, hire the attorney who you feel will most likely get you the results you want in your case.

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Posted in DUI Attorney, DUI Defense, criminal defense, drunk driving

Tags: attorney DUI felony lawyer Maine trial victory

Maine DUI trials – does the chemist have to testify?

October 12th, 2009

In a Maine DUI case involving a blood test or a drug test, the State must produce the chemist who tested the blood or urine for alcohol and drugs.  Recent US Supreme Court case law mandates that the State must prove this portion of the case through live testimony.  Previously, the State could rely on a chemical analysis affidavit alone.  However, the US Supreme Court decided that the Confrontation Clause of the US Constitution mandates live testimony.

So why is this important?  Because that means there is one more step that the State must take to try and prove their case against you.  One more step that they can be tripped up on.  One more thing to pile up on an ever increasing workload.  All of this equals additional strain and work on the DA which means a higher likelihood that a good plea offer may be more likely or that the State will have a difficult time scheduling or preparing their expert for trial.

Remember the maxim of the trial lawyer… Those who expect a trial and prepare for trial, win the trial.  Those who expect a plea and prepare for a plea merely plead their clients guilty.

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Posted in DUI Attorney, DUI Defense

Tags: attorney DUI DUI Defense testimony trial US Supreme Court