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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 based on race are entirely illegal. If your legal team can build a case that racial profiling played a part in your traffic stop, you may be able to invalidate any evidence against you or even the arrest itself. See  25 MRSA §2803-B, sub-§1, ¶E 

Arrest Thrown Out in Racial Profiling OUI Case

Recently, one Maine state trooper pulled over a black man driving north on Interstate 95. The man wondered if his subsequent charges were the result of racial profiling. He contacted an attorney, who launched an investigation. Recorded comments pulled from the microphone in the state trooper's car indicated that just prior to the racially-inspired traffic stop, the trooper had insinuated that the black man resembled a thug because of his garments and hairstyle.

Even though his case was drawn out because of the global pandemic, the defendant pled ‘not guilty' and worked with a defense attorney to suppress evidence and dismiss the case. Ultimately, he was successful. In September of 2020, the U.S. Attorney's Office dismissed his case.

If you believe that you have experienced racial bias that influenced your OUI, you need to take steps now to avoid any consequences. After all, OUIs are serious. Having one on your record can affect your life in the short- and long-term. Racial profiling in your OUI case, however, could constitute a rationale for suppression of any illegally-obtained evidence. An experienced legal team can help you investigate the basis for your traffic stop and help you fight for dismissal of your case.

As soon as possible, in your OUI case, you must take steps to protect your future. Begin by finding an experienced OUI specialist to help you work towards your best outcome.

About the Author

Will Ashe

William Ashe is an experienced trial attorney with a career track record of determined effective representation and consistent sustained success on behalf of his clients. He has been named to the National Trial Lawyers Top 100 Criminal Defense Attorneys every year since 2014 and has a perfect 10.0 rating by the lawyer rating site Avvo.

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