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The Problem with Bail Part II

Posted by Will Ashe | Mar 15, 2022 | 0 Comments

In my previous post on bail I discussed the history of bail and the factors that Judges are supposed to consider.  The problem with bail is that the conditions imposed are frequently not serving the underlying purpose of bail.  As discussed, bail is supposed to make sure that a person on bail sho...

The Problem with Bail Part I

Posted by Will Ashe | Feb 16, 2022 | 0 Comments

Bail reform has been a hotly discussed subject for some time.  But what is bail and why does it need reforming?  In Maine, bail is defined as "the obtaining of the release of the defendant upon an undertaking that the defendant shall appear at the time and place required and that the defendant sh...

Am I charged with a Felony?

Posted by Will Ashe | Apr 15, 2021 | 0 Comments

Felonies are the most serious crimes in the criminal system.  But what does that mean?  Offenses are broken down into three groups: infractions, misdemeanors and felonies.  Infractions are not classified as crimes at all.  This is important to understand because with a civil infraction you do not...

Maine OUI, am I looking at jail time?

Posted by Will Ashe | Mar 10, 2021 | 0 Comments

So you've been arrested and charged with Operating Under the Influence.  One of the most common questions that I see is "am I looking at jail time?"  The answer isn't so simple, although it sort of it is.  Operating Under the Influence is a crime in Maine, and pretty much everywhere else.  All cr...

OUI and Failure to Stop

Posted by Will Ashe | Feb 01, 2021 | 0 Comments

This recent story of a Wiscasset suspect allegedly trying to avoid an OUI arrest illustrates the problem. The story reports that the suspect had already suffered a Maine OUI charge within the same week, for which he was out on bail. When an officer noticed the erratic path of the suspect's vehicl...

How to Respond to False Accusations of Domestic Violence

Posted by Will Ashe | Dec 08, 2020 | 0 Comments

Most states, including Maine, take allegations of domestic violence very seriously. In fact, many local police departments are required to make an arrest on any call in which they suspect domestic violence may have occurred. While strict domestic violence laws are intended to provide victims with...

Racial Bias and OUI's

Posted by Will Ashe | Nov 17, 2020 | 0 Comments

When you face charges for an OUI as a person of color, you may suspect that your traffic stop and subsequent charges resulted from racial bias. Your arresting officer may have pulled you over simply because of your race - which is a violation of your rights. Maine law makes it clear that stops...

Domestic Violence and Quarantines

Posted by Will Ashe | Oct 29, 2020 | 0 Comments

Has Domestic Violence Increased Because Of COVID-Related Quarantines? In 2020, the way that we work, rest and play has dramatically changed. Instead of spending large portions of time outside of our homes, many of us have decided to stay indoors. This has influenced the way that COVID-19 has s...

How Bad is an OUI?

Posted by Will Ashe | Oct 22, 2020 | 0 Comments

If you're facing charges for an OUI, you might wonder what penalties are in your future. Ahead of you lay two different processes: A criminal procedure, and an administrative procedure.  For the purposes of this post, I am going to focus on the criminal procedure. The severity of the charges a...

Keto Diets and alcohol testing

Posted by Will Ashe | Oct 08, 2020 | 0 Comments

Will Your Keto Diet Interfere with a BAC Test? If you're trying to watch your weight or manage other health symptoms, you might be familiar with the Keto diet. Based primarily on the idea that a low-carb, high-protein, high-fat diet can help you lose weight quickly, the Keto diet is popular—a...

The Police Called Me, What Should I Do?

Posted by Will Ashe | Jul 03, 2020 | 0 Comments

If the police have called you, there is no reason to guess what to do next, call a defense attorney! Maybe it is nothing, maybe it is something, either way your safest and smartest bet is to lawyer up! Let us figure it out, it is what we do.

They Didn't Read Me My Rights?!

Posted by Will Ashe | Apr 11, 2020 | 0 Comments

Police Officers do not have to read you your rights, which is why you should know them. Contact a qualified attorney if you think your Miranda Rights were violated and you have a pending charge.

What are the defenses to OUI?

Posted by Will Ashe | Mar 20, 2020 | 0 Comments

One of the most common questions that I get is "but I'm guilty, what can you do?"  The phrase "but I'm guilty," could be the subject of an entire legal textbook but the short answer is that no one is guilty before their case has been resolved in Court.  Every individual is presumed innocent of an...

How Does OUI/DUI affect Commerical License?

Posted by Will Ashe | Feb 08, 2020 | 0 Comments

Getting charged with an OUI is always a serious situation. But that situation can be even more consequential if you're charged with an OUI while operating a commercial vehicle. In fact, people who operate commercial vehicles are often held to a higher standard than average drivers. Many states ha...

Field Sobriety Tests Are Not Reliable

Posted by Will Ashe | Dec 16, 2019 | 0 Comments

Most people are familiar with field sobriety tests. At the very least, the concept of “walking a straight line” to demonstrate that you are sober is familiar to most. These standardized field sobriety tests are used across the country by law enforcement to identify intoxicated drivers. These same...

What is Reasonable Articulable Suspicion?

Posted by Will Ashe | Oct 29, 2019 | 0 Comments

In Maine, law enforcement cannot simply pull over your car and detain you on a whim. To stop your vehicle, the officer must have a reasonable suspicion that you are violating law or traffic regulation to pull you over. Any officer that stops your car without reasonable suspicion has violated your...

A Marijuana Breathalyzer Could Be Available as soon as 2020

Posted by Will Ashe | Oct 17, 2019 | 0 Comments

Understanding the elements of a charge of operating under the influence (OUI) in Maine is fairly straightforward in Maine. In most cases, law enforcement obtains a breath or blood sample from a driver and tests the blood alcohol concentration (BAC). If a driver's BAC is .08 percent or more, the a...

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