Off-Road Rules: Recreational Vehicle Crimes

Posted by Nathan Hitchcock | Jul 19, 2018 | 0 Comments

Most people understand that operating a motor vehicle, like a car or truck, while under the influence of drugs or alcohol is a crime. There are also many other types of crimes and traffic infractions associated with motor vehicles, like Driving to Endanger, Failure to Maintain Registration, Reckless Conduct, and more. What some people fail to realize is that many of these same crimes can be charged when you are driving a boat, all-terrain vehicle (ATV), or a snowmobile. While technically not considered a “motor vehicle”, these recreational vehicle crimes have very similar consequences as motor vehicle crimes when convicted and as such, it is important to know the rules of the “off-road.”

The Myth of Expungement in Maine

Posted by Nathan Hitchcock | May 21, 2018 | 0 Comments

While many states offer ways to remove criminal convictions from your record, Maine has no method for expunging convictions from criminal records.  There are only two processes to make convictions confidential, but they are very limited in scope.  Those who work for criminal justice agencies, lik...

Jury Selection: Your Day in Court

Posted by Nathan Hitchcock | May 10, 2018 | 0 Comments

          If you and the District Attorney's office cannot agree on a resolution in your criminal case, the Court will prepare for your trial by setting a jury selection date.  The actual trial will likely be set sometime in the weeks following your final court appearance, which is normally the d...

Jury Trial: What Does Your Day in Court Look Like?

Posted by Nathan Hitchcock | May 10, 2018 | 0 Comments

You and the District Attorney were unable to resolve your case, so your case has proceeded to trial. Jury selection has wrapped up and now your big day has arrived. Depending on the number of witnesses and complexity of the legal issues, a jury trial can last anywhere from a few hours to several ...

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...

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