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207-571-8146

STATE v. E.R.

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Offense: Civil Possession of Marijuana and OUI

Maximum Sentence: Fine of $400.00 for the marijuana charge and a maximum penalty of 1 year jail and a fine of $2,000.00 on the OUI.

Synopsis: Client was stopped for a speeding infraction and was ultimately arrested on suspicion of OUI. Client's vehicle was searched incident to arrest. Police relied on the old Belton v. NY rule concerning searches of motor vehicles. At a suppression hearing, the court ruled that the new search rule of Arizona v. Gant controlled, which resulted in suppression of the marijuana.

Result: The marijuana and OUI charges were dismissed and the client pled guilty to Driving to Endanger.

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William Bly

William T. Bly, Esq. is a graduate of Rutgers College where he majored in Political Science with a minor in U.S. History. Attorney Bly attended and graduated the University of Maine School of Law. During his time in law school, Attorney Bly focused on criminal defense.

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