Your Day in Court: Dispositional Conference

Posted by William Bly | Mar 26, 2018 | 0 Comments

In our previous post, we discussed what to expect at your arraignment or initial appearance.  This post deals with one of the most important proceedings in the Maine criminal system - the Dispositional Conference.  The Dispositional Conference is usually at least a month out from your arraignment...

The Three Different Models of Breath Testing Machines

Posted by William Bly | Dec 26, 2017 | 0 Comments

In a recent blog post, we explained how – technically speaking – theres no such thing as a “breathalyzer.” Instead, the word “breathalyzer” is a brand name for some of the chemical breath testing machines on the market, much like a Kleenex is a brand name for some of the facial tissues you can b...

Per Se OUI Laws Fail to Account for Gender Differences

Posted by William Bly | Dec 22, 2017 | 0 Comments

A per se law is makes something illegal, regardless of whether it is dangerous, or not. Oftentimes, instead of criminalizing an act, it criminalizes a status, punishing people who have that status even if it has caused no harm and even if they did not intend to have that status. Laws that outlaw...

There Are Many Kinds of "Breathalyzers," and That's a Problem

Posted by William Bly | Dec 20, 2017 | 0 Comments

The world of operating under the influence (OUI) is full of surprises. People who have been arrested and charged with OUI in Maine are surprised and often confused to find out that there are two different processes that happen at the same time – a criminal one and an administrative one. The per s...

Civil Asset Forfeiture Has Become a Monster

Posted by William Bly | Dec 15, 2017 | 0 Comments

Civil asset forfeiture is one of the most terrifying and out of control aspects of law enforcement today. The original intention of civil asset forfeiture was to allow police to seize property that was used in the commission of a crime, giving them an important weapon against organized street gan...

120 Years Since First DUI Arrest

Posted by William Bly | Dec 08, 2017 | 0 Comments

It would be a shame to let the year end without noting that 2017 marked 120 years since the first arrest and conviction for driving under the influence (DUI). 120 Years Since First DUI Case According to the History Channel, the first arrest for DUI happened in London, England, at just before on...

3 Ways for Avoiding an OUI Traffic Stop

Posted by William Bly | Nov 20, 2017 | 0 Comments

Getting pulled over for operating under the influence (OUI) in Maine is stressful, even if you havent been drinking at all. Field sobriety tests and breathalyzers are notorious for giving “false positives” that can get you in legal trouble, even if youve done nothing wrong. Staying composed du...

How Police Hide Body Camera Footage in Maine

Posted by William Bly | Nov 17, 2017 | 0 Comments

When they first starting coming out, police body cameras were supposed to transform law enforcement and policing by increasing the transparency needed to hold officers accountable for their actions. Transparency, however, was not something that the police wanted, so they erected procedural obstac...

Body Cameras Catch Police in a Lie

Posted by William Bly | Nov 15, 2017 | 0 Comments

A new instance of police misconduct has arisen, this time out of Los Angeles. A man suspected of committing a hit-and-run was arrested. During the arrest, police claim that they found drugs in his pocket, but their body cameras show that was not the case. What Happened During the Arrest, Accordi...

Why Are the Earliest Fourth Amendment Cases from the 1960s?

Posted by William Bly | Nov 10, 2017 | 0 Comments

The Fourth Amendment is the most constitutional protection for people who are being investigated for a crime. However, if the Fourth Amendment has been around since 1792, why are the oldest cases that deal with it from the 1960s? The answer takes us from the American Revolution through the First...

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