A man in Maine was arrested and charged in August of 2016 with operating under the influence after police found him with a blood alcohol level nearly four times over the legal limit. There was just one catch: he said that he hadn’t touched a drop of alcohol in months. While this seems far-fetched, there is a medical explanation for being intoxicated without actually drinking alcohol. This medical explanation, called auto brewery syndrome, actually does affect a rare, small group ... Read More »
THE TIDE HAS SHIFTED AGAIN…..
The Supreme Court recently decided a case Missouri v. McNeely, 567 U.S. ____ (2012) holding that police officers cannot normally conduct blood-alcohol tests without a warrant. After being stopped by a police officer for speeding and crossing the centerline the officer noticed several signs that McNeely was intoxicated, including McNeely’s bloodshot eyes, his slurred speech, and the smell of alcohol on his breath. McNeely admitted to the officer that he had consumed “a couple of beers” at a bar, and ... Read More »
MAINE PROM & GRADUATION SEASON 2013
It is that time of year again. It has taken forever, but it is spring! Hopefully summer will be here before the Fourth of July. And with that comes more young people out and about, particularly those that are attending prom and graduation ceremonies. If you are under the age of 21, PLEASE remember that involving drugs and/or alcohol in your celebration not only doubles the danger but it doubles the consequences too. In Maine, the “Zero Tolerance” law as ... Read More »
Carlton Fisk DUI Arrest
Carlton Fisk DUI Arrest The author of one of the greatest home runs in baseball history, thirty-seven years ago Sunday, was arrested for DUI/OUI/DWI on Monday, October 24th. Hall of Fame catcher Carlton Fisk, a god to Red Sox fans like me after his homerun in Game 6 of the 1975 World Series, was arrested in New Lenox, Illinois, refused to take a breath test and had an open bottle of vodka in the truck which was located in a ... Read More »
Maine’s “Move Over Law” – Another Reason To Get Pulled Over
For a law enforcement officer to stop you, they must have a “reasonable articulable suspicion” that criminal activity is underway. One issue that gives rise to being stopped is a little known requirement that motorists move over when they see emergency flashing lights on or adjacent to the highway. You’re driving on the highway and see flashing lights what do you do? Well, it’s what you don’t do that could cost you. In 2001, a law requiring motorists on Maine’s ... Read More »
Ignition Interlock – DUI Laws and Technology in Maine
Since July of 2004, more than 75,000 ignition interlock devices have been installed in vehicles. These were installed as a result of the Transportation Restoration Act, passed in 1998. Under Maine statute 29-A §2508 a person convicted of a second or subsequent OUI offense may petition for early license reinstatement if they agree to install an approved ignition interlock device in their vehicle and have satisfied all other conditions for license reinstatement as required by the Secretary of State. An ... Read More »
SUMMER IN MAINE: WHO ARE YOU?
As summer officially begins, many young adults will find themselves home for the summer or preparing to leave for college for the first time. Of course, college is a place where freedom abounds and, often, this new-found freedom results in an urge to party. This naturally leads some kids to be tempted to purchase alcohol, in order to liven up their nightlife. While for the older collegiate this may be perfectly acceptable, trouble arises when underage students use all too ... Read More »
GPS Tracking Devices – SCOTUS Decision
The 4th Amendment has been resuscitated!! That is good news for Maine citizens arrested for Operating Under the Influence (OUI) and other criminal offenses. Hopefully you recall back in September of 2010, I wrote about GPS tracking devices and a recent decision from the District of Columbia Circuit (“GPS Tracking Devices – A Warrant or Not A Warrant – That is Now the Question”). Well, on Monday we got our answer; kind of…. In United States v. Antoine Jones, #10-1259 Justice Scalia wrote the decision of ... Read More »