A new ruling from the Maine Supreme Court on November 28, 2017, Maine v. Martinelli, highlights how the Double Jeopardy Clause works, in the context of operating under the influence (OUI). What Happened in Maine v. Martinelli Shortly after midnight on Wednesday, May 6, 2015, Michael Martinelli was pulled over
Getting pulled over for operating under the influence (OUI) in Maine is stressful, even if you haven’t been drinking at all. Field sobriety tests and breathalyzers are notorious for giving “false positives” that can get you in legal trouble, even if you’ve done nothing wrong. Staying composed during an OUI
In recent blog posts, we’ve delved into the important legal question of whether you’ve been “seized” by police, thus triggering your Fourth Amendment rights. Knowing the exact point when you were seized by police can make a huge difference because, if the seizure was unreasonable, any evidence obtained after the
In recent blog posts, we’ve been discussing what constitutes a “seizure” under the Fourth Amendment. If police “seize” you and that seizure turns out to be unreasonable, then the exclusionary rule applies and any evidence obtained from that seizure can’t be used against you at trial. Unfortunately, whether there has
In a recent blog post, we focused on a recent Maine Supreme Court case that upheld a conviction for operating under the influence (OUI) based solely on evidence from field sobriety tests. A crucial piece of the case, though, was tucked away in a footnote: Evidence from a breathalyzer had
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