Posts Tagged ‘lawyer’

A Vacation You Would Rather Forget: Maine OUI Law

August 7th, 2010

Did you know that Maine is known as the “Land of Remembered Vacations”? Most people visit this beautiful state without ever thinking about how much they would like to forget any vacation that changed the rest of their life. If you are arrested for operating a vehicle while under the influence of drugs and/or alcohol, it could quickly become a vacation you would much rather forget than remember.

You do not have to have a Maine driver’s license in order to be punished for operating under the influence in this state. There are a number of laws that can have an affect on the rest of your life, including consequences that can follow you to your home state or country. Some can even impact your family and friends for many years to come, and not in a positive way.

If you are arrested for OUI in Maine, it is critical to consult with a professional OUI lawyer in the state right away. The best approach to this type of case is a proactive one, and having someone on your side who understand Maine OUI law and how it affects you can make a huge difference overall. In fact, it sometimes results in charges being dropped or having some of the prosecution’s most important evidence suppressed during the case’s trial phase.

You do not have to fail a breathalyzer test in order to be arrested either. Whenever an officer has a reasonable belief that you are too impaired to drive, he/she can choose to arrest you based on your own actions, reactions, words, or behavioral issues. In other words, if you are driving excessively slow and fail field sobriety tests, you could be arrested.

Do not let the state of Maine become your land of lost dreams. Take a straightforward approach to the situation and find someone who can work on your behalf. Consult with a professional OUI attorney as soon as you are arrested to learn your options, and to discuss your future.

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.

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.