New book out...

Well, it's official.  I finally completed my eBook and it is now available for sale on my website.  The book is titled The DUI Survival Guide.  Demystifying the Process.  My book gives the reader the "20,000 foot" overview of the process.  This isn't a "how to defend yourself book".  Rather, it is a tool to provide the reader with clear guidance on how to choose an appropriate lawyer through asking the right questions as well as a "map" of the court and OUI process.  An informed and educated client should be the goal of every DUI attorney.  I hope you enjoy the book.

All work and no play...

This picture sums up the typical work vacation for me...  As usual, I'm taking phone calls on my iPhone and typing information into my laptop.  Two things I never leave home without are my iPhone and my laptop.  Hey, if you're going to be on vacation, you might as well get some work done too!

The rest of the pictures are some pictures of the most beautiful state I have ever had the privilege to spend some time in... Oregon.  There are pictures of us traveling through the mountains with snow, pictures of the Pacific coastline, pictures of deserts and mesas and pictures of the river we fished... all in the same trip.  It was an awesome trip.  The conference Chris and I attended was pretty awesome as well.  We headed out to Portland Oregon on May 13th for a 3 day Federal Criminal Defense conference.  It was amazing and we learned a tremendous amount.  Hopefully we can put that knowledge to use soon on some of our cases.

After the conference in Portland, Chris flew back home and I flew down to San Diego for a forensic blood seminar for OUI defense.  Again, this was a top notch seminar that focused strictly on the science behind blood test and urine test cases.  We were able to view an operational state lab and received instruction from the best names in science, medicine, law and alcohol research.  Sorry, no pictures.  This one was literally all work and no play.  Well, enjoy the pictures of Oregon.  I hope it inspires you to travel out there one day.  

Recent victory...

I don't like to get on my blog to speak about specific cases.  However, from time to time I find it instructive to talk about a recent victory to illustrate the point that you can only win if you choose to fight.

I had a 2nd offense OUI with a relatively high test.  We prevailed at the BMV hearing because of a residual mouth alcohol issue and saved my client a 3 year suspension.  Since he is a contractor, a suspension would have destroyed his business and in this economy, that is an exceptionally tough thing to swallow.

We went to court about a month ago for a motion to suppress the stop on the grounds that there was no Reasonable Articulable Suspicion to stop my client's truck.  Well, I just received notice of the decision and we won.  That effectively ends the case because anything that happened after the truck was stopped doesn't come in.  That means no SFSTs, no statements, no observations and certainly no BAC test result.

So how did we get this result?  We fought.  Plain and simple.  We didn't accept the possibility of defeat because that wasn't an option.  My client told me flat out that if he were to lose his license, his business would crash.  Since he owned a very profitable construction business, there would be a lot of collateral damage were he unable to drive.  Employees would be out of work, he would be unable to finish jobs, customers would be unhappy, and most of all he would lose the ability to provide for his family.

The client made it very clear that he would risk jail time in order to have a shot at beating the case.  We got an extremely reputable breath testing expert involved in the case very early.  This in turn set the table for the BMV suspension hearing, where we prevailed.  Normally, a BMV hearing is limited to 15 minutes.  However, our hearing went on for over an hour.  I prepared for this hearing for almost a full day as I didn't want to leave anything to chance.  We pinned the officer down on his report, got him to contradict himself numerous times and ultimately inflicted so much damage to his credibility on memory issues that we were able to wield the transcript like a sword against him in court.

When you arrive in court and announce ready for hearing, chances are you might be the only one truly prepared to go.  Many attorneys withdraw their motions on the day of the hearing and the DAs count on that.  They can't prepare for every single hearing... there just isn't enough time.  That means if your attorney is a fighter (me), he will be prepared for hearing and in a better position to beat the DA on the important issues.  

Ultimately, we won the hearing.  The case was effectively killed and will have to be dismissed as a result.  Now keep in mind that more cases are lost than won at hearing.  The reason is because the law is heavily slanted in the state's favor.  However, that doesn't mean you don't keep fighting.  In fact, you keep fighting harder because that is what gets you results.  In this case, my client is an extremely happy individual.  He was able to walk away from this case with absolutely no fines, no suspension time, no jail and no criminal record.  

If you find yourself on the wrong end of the law, you need a good lawyer.  Someone who is going to fight for you.  Whether it is a drunk driving charge, aggravated assault, drug trafficking or any other criminal charge, the attorneys of NIELSEN & BLY, P.C. will fight for you every inch of the way.  We are the preeminent law firm of southern Maine and we hope you choose us to represent you in the future.

Regards,

William T. Bly, Esq.

BIG US Supreme Court news!!!

Arizona v. Gant, decided on April 21, 2009, will change the criminal legal landscape for the foreseeable future.  The great significance of this case is that motor vehicle searches following the arrest of the occupants will no longer be upheld as legal searches where the occupants have been secured and no longer have access to the vehicle interior.  In many cases, drugs and weapons are found following routine traffic stops and arrests for innocuous offenses such as bail violations or warrants for arrest.  

The following is a synopsis of the decision... Argued October 7, 2008, Decided April 21, 2009... Respondent Gant was arrested for driving on a suspended license, handcuffed, and locked in a patrol car before officers searched his car and found cocaine in a jacket pocket.  The Arizona trial court denied his motion to suppress the evidence, and he was convicted of drug offenses.  Reversing, the State Supreme Court distinguished New York v. Belton, 453 U. S. 454, which held that police may search the passenger compartment of a vehicle and any containers therein as a contemporaneous incident of a recent occupant's lawful arrest on the ground that it concerned the scope of a search incident to arrest but did not answer the question whether officers may conduct such a search once the scene has been secured.  Because Chimel v. California, 395 U. S. 752, requires that a search incident to arrest be justified by either the interest in officer safety or the interest in preserving evidence and the circumstances of Gant's arrest implicated neither of those interests, the State Supreme Court found the search unreasonable.  Held: Police may search the passenger compartment of a vehicle incident to a recent occupant's arrest only if it is reasonable to believethat the arrestee might access the vehicle at the time of the search or that the vehicle contains evidence of the offense of arrest.

 216 Ariz. 1, 162 P. 3d 640, affirmed.

 STEVENS, J., delivered the opinion of the Court, in which SCALIA, SOUTER, THOMAS, and GINSBURG, JJ., joined. SCALIA, J., filed a concurring opinion. BREYER, J., filed a dissenting opinion. ALITO, J.,  filed a dissenting opinion, in which ROBERTS, C. J., and KENNEDY, J.,  joined, and in which BREYER, J., joined except as to Part II

Why we fight...

While I can't get into specifics about my cases for client confidentiality reasons, I can tell you with a certainty that in many jurisdictions you are so much better off fighting the case as opposed to negotiating the case.  If you take your case to a suppression hearing or trial, you are more likely to get a better offer than if you merely try to negotiate a deal without putting the blood, sweat and tears into the case.  

There is one jurisdiction where the best offer they will ever make is to plead guilty to the mandatory minimum penalties... regardless of the strengths or weaknesses of your case.  If you have a triable case, why in the world would you plead guilty?  If you have a legitimate issue to go to a suppression hearing on, why in the world would you plead guilty?  I don't know but I see way too many lawyers withdrawing their motions and folding up the tent so to speak. 

Test the State's theory of the case.  Of course the DA is going to tell you you will lose the hearing.  They're hoping you will fold.  However, no one and I mean no one can predict with certainty the outcome of a suppression hearing or trial.  Things go wrong.  Witnesses forget.  Witnesses contradict themselves.  Witnesses lie.  Video evidence doesn't support the police officer's testimony.  Certain evidence is inadmissible that the State was counting on getting admitted.  The list goes on and on.  The only thing that is certain is that if you plead guilty, you will be saddled with a criminal record for the rest of your life.  Think about that the next time you're in court with your lawyer.

Price Shopping for Attorneys

There is an old time tested adage that is as true today as it was when it was first uttered years ago... you get what you pay for.  The costs for legal services is a concern for most folks.  The fact that it is the primary concern for many is disconcerting.  Beware of the attorney that says he will take your case for $2,000.00.  He either doesn't have the requisite experience to properly defend your OUI case or he will not be able to afford to spend the time necessary in defending you against the OUI charge.  Attorneys that charge too little generally do very little.  It is a simple cost-benefit analysis.  If the attorney only charges enough to perform 10 hours of work, he will be loath to put additional time into the case or take it to trial when necessary.  Why?  Because that cuts into his bottom line and his hourly billing rate begins to go down.

The outcome of your case will affect the rest of your life.  If you save a few hundred or a few thousand dollars but lose the case, did you really save anything?  How much is a NOT GUILTY or dismissal of the charges worth to you?  That's the question you need to answer for yourself.  Another question you must answer is how will an OUI conviction affect the rest of your life?  It may certainly affect your ability to maintain your current employment if you need to drive to work.  It will cause your insurance rates to skyrocket.  It will bar you from traveling to certain countries such as Canada for business or pleasure.  It may even affect your ability to secure a promotion or new position in the future.

Shopping for an attorney is not like shopping for a new plasma TV or a new dishwasher.  There is no warranty on the attorney.  In most cases it may be too late to return the attorney once he starts the case; the damage may already be done.  The most important consideration when shopping for an attorney is the quality of the legal services he or she will provide.  Price should be the last piece of the puzzle you should be seeking a fit for when shopping for an attorney.  The bottom line is you are paying for results and in order to get the best results in your case, you need to hire the best attorney.

Suppression hearings...what, where, when and why

When you retain an attorney to fight for your rights, that attorney may or may not do a good job explaining the process from A to Z in a way that you understand and puts you at ease.  Tonight, I want to take a few minutes explaining to you in plain language, the meaning and importance of a suppression hearing as it pertains to your criminal defense.

WHAT is a suppression hearing?  A suppression hearing is an evidentiary hearing conducted in front of a presiding Judge or Justice in your criminal case.  The hearing is nearly always testimonial in nature, ie, meaning one or more witnesses must testify and the witness is subject to cross-examination.   The goal of a motion to suppress is to exclude evidence or statements illegally obtained and/or in violation of your state and federal constitutional rights.  In order to exclude or "suppress" that evidence, a hearing must be held which will invariably impact the direction or defensibility of your case.

WHERE does a suppression hearing take place?  It will always take place in the courthouse where your trial will be conducted but not always by the Judge or Justice assigned to preside over the trial.

WHEN does a suppression hearing take place?  A motion to suppress normally must be filed within 21 days of your arraignment.  However, the motion usually isn't heard until many months into the case.  During this time, your lawyer should be constantly reevaluating your case and your motion to determine its viability and chance of success.

WHY should your attorney file a motion to suppress?  Because if your attorney fails to file the motion within the 21 day time period and a month or two into the case determines that you have good grounds to file a motion, it is too late.  It a heck of a lot easier to withdraw a motion to suppress than it is to request leave of court to file one after the deadline has passed.  Another good reason to file a motion to suppress and conduct a hearing is because the State's case may fall apart through aggressive cross-examination.  The truth is the State wants to believe their case is bullet proof... it is also true that in many instances, the State's case is anything but bullet proof.

Training updates

I like to keep my readers posted on the training the members of my Law Firm are attending at any moment.  Here is a break down of the national seminars scheduled we will be attending.

Attorney Nielsen is attending the NHTSA Student SFST course in Atlanta in mid-April.  Attorney Nielsen will come away with the same skill set and knowledge that every police officer throughout the state of Maine receives while attending the Maine Criminal Justice Academy.

Towards the end of April, both Attorney Nielsen and Attorney Bly plan on attending a 1 day seminar for advanced OUI training.

From May 7th - 10th, both Attorney Nielsen and Attorney Bly will be attending a federal criminal seminar in Portland Oregon entitled "Winning Strategies Seminar" which is dedicated to the nuts and bolts of federal criminal practice.  In addition to this national seminar, Attorney Nielsen regularly attends monthly workshops dealing with common federal issues that tend to crop up in most federal drug cases.

From May 13th - 18th, Attorney Bly will be attending a specialized blood alcohol seminar.  The focus of this seminar is to deal strictly with the collection, analysis and problems associated with blood and urine testing in OUI cases.  Attorney Bly has successfully defended numerous blood test cases throughout his career and this specialized training will prove to be a benefit to future clients charged with OUI where a blood sample was obtained.

In July, both Attorney Nielsen and Attorney Bly will be attending the annual National College of DUI Defense workshop at Harvard Law School in Boston, MA.  This will likely be the final out of state seminar that either Attorney Nielsen or Attorney Bly will attend for 2009.

The value of a Law Firm dedicated to the defense of their clients through formal and self-education cannot be underestimated.  If you are reading this post because you have been charged with a crime, take a look at our qualifications and dedication to our chosen field of criminal defense.  Compare our qualifications with the next attorney you speak to about possible representation.  Ask him or her what their qualifications are as well as their specialized education.  I'm willing to bet that there is not a single attorney in Maine who undertakes the time and great expense of attending the nation's best educational seminars to give their client's an extra edge on their cases.  Sometimes it's the little things that make all the difference.

How the right attorney can make a difference in your case...

All of my clients want results.  That's what I'm being paid for.  Just as importantly, I'm being paid to advise my clients how to proceed in the case.  Not everyone emerges from the OUI process unscathed.  However, choosing the right attorney to represent you can make all the difference in to your case.

One of the first things you want to know about is your attorney's experience and educational background.  Has he/she ever tried a DWI/OUI/DUI?  What percentage of his practice is devoted to drunk driving defense?  Has she written any books or articles?  What CLE courses has she attended that focus on OUI work?  Does he have access to a network of expert witnesses to assist in the defense of the case?  These are important questions to ask and quite frankly, I rarely hear clients asking me or anyone else the tough questions.  

The question everyone seems to be predominately preoccupied with is "how much is this going to cost?"  That shouldn't be your primary concern, though cost does factor into the ultimate decision on who to hire.  A better question is "how much is this going to cost me if I lose?"  An OUI can exceed $15,000.00 in court costs, fines, insurance high risk pool costs, installation of IIDs (ignition interlock device) and other hidden costs that are completely unforeseeable.  These costs are in addition to the costs of retaining an attorney to represent you.

If you balance the cost of hiring the right attorney to fight your case and win against hiring the cheapest available attorney, the choice is obvious.  If all you do is save a $2,000.00 - $3,000.00 but in the end you lose... you pay much, much more and you've saved nothing and lost everything... including your job if you are a pilot or drive for a living.  My father had a saying that took me a lot of years and tough life lessons to understand and become ingrained in me: "don't be penny wise and pound foolish".  Retain the best.  You deserve it and your future depends on it.  Call the attorneys of NIELSEN & BLY now.

Refusing to submit to a test

Every driver in the state of Maine is required to submit to a chemical test of the officer's choosing.  If you refuse to submit to a test, the consequences are dire.  Take for example a very "vanilla" 1st offense OUI.  If the driver submits to a test and he fails, the worst administrative penalty he will face is a 90 day suspension of his driver's license for which he will be immediately eligible to apply for a work restricted license.  Now take that same "vanilla" OUI and change the facts slightly.  Instead of failing the test the driver refuses to submit to a test.  Now that same driver faces a 275 day administrative suspension of his driver's license as well as an additional 90 day suspension if convicted of the OUI in criminal court... and he will not be eligible for a work restricted license.  Big difference in potential penalties.  Think twice before you say no to the officer if you are considering refusing a chemical test.  

I'm writing a book...

I'm in the process of writing a book that I will make available online to anyone who has questions or concerns about the OUI process.  The title is The DUI Survival Guide: De-Mystifying the Process.   I hope to have this book available online by the end of April.  Stay tuned.

I have a high BAC. Why should I bother to hire an attorney?

This is a rather common question.  I get more than a few phone calls a week where the caller says he/she has a very high BAC (greater than .15%).  Within a few minutes, the caller will always ask me why he/she should even bother to hire an attorney since it's obvious he/she is guilty.  My response is "if you want to plead guilty, hang up the phone and save your money... you don't need me to do that."

In many cases, there is no way to know how strong or weak the evidence against you is until you are deep into the case and reviewing the evidence.  Many times, cases can turn on a single piece of evidence alone.  Sometimes, cases that appeared to be a lost cause early on turn into a solid winnable case based on some evidence obtained or suppressed in the case.  You just never know.

People hire me to fight.  When you have a case that appears hopeless, pick up the phone and call me.  While I can't guarantee you that you'll "beat the rap", I can guarantee you that I will leave no stone unturned and I will press every legal advantage to your benefit.  I guarantee that your case isn't nearly as hopeless as you think it is.

100% of the people who plead guilty are found guilty...

The percentages are much better for those who push their cases to trial.  The best offer you get might be the offer you get from the DA on the day your set to pick a jury for trial.  You won't know if you don't push the envelope.  People hire me because I fight.  Period.  They also hire me because I don't tell stories about sunshine and  butterflies.  I tell the truth.  That's what you need to hear when you are contemplating taking a deal vs. going to trial.  You need to be able to rely on my opinion regarding the strengths & weaknesses of your case so you can make an informed decision.

Not every case ends with smiles and joy.  Sometimes juries return verdicts of guilty.  It is the nature of this business that you will win some and you will lose some.  The name of the game is risk assessment.  IE, weighing the risk of turning away a deal or straight plea vs. trying the case.  Many factors come into play in this assessment process... the problems with the case... the potential penalties imposed after trial vs. the known penalty for pleading guilty to the State's best offer... the cost of trial, including the retention of an expert witness... there are many things to consider.  Before you make a decision about how to proceed, consider this truism... 100% of the people who plead guilty are found guilty.

I want the cheapest attorney and best representation

Sorry.  That statement is an oxymoron.  The two cannot co-exist.  If you are reading this post and "shopping around" for the cheapest attorney then stop reading... close out your browser... open the phone book... close your eyes... and randomly pick 3 attorneys to represent you on your OUI/DWI/DUI charge.  I guarantee that one of them is a dump truck lawyer.  What is a dump truck lawyer?  A dump truck lawyer takes your case for a seemingly "reasonable fee"... maybe $2000 or less.  They will tell you they know the prosecutor.  They will tell you they know how to negotiate a good deal.  They will tell you not to worry... and then they're going to do nothing with your case.  If you're lucky, they might read the police report but don't count on it.  Suddenly, docket call is tomorrow and you're set to meet with your Dump Truck Lawyer the next day.  You see him at court and he tells you how bad your case is... "you have a .13% BAC... you look bad on SFSTs and the cop says he saw 6 clues on HGN... there's nothing wrong with the Intoxilyzer (he really doesn't know b/c he doesn't understand how it actually works and never bothered to undertake the time and expense to get certified on the machine)... you look bad on video" and so on and so forth.  Then he tells you that he got you a NO JAIL OUI and how grateful you should be.  Great.  Thanks.  A lot.  He did about as good a job as you would have if you had just gone to your arraignment and pled yourself guilty.

I'm not a Dump Truck Lawyer.  I try cases.  I'm trying a .13% BAC in front of a jury next week.  I also don't charge $2,000 for OUIs... no matter how simple you might think the case really is... because in reality, no OUI ever ends up being simple.  If you want to know how much my fees are to handle an OUI then read this post real carefully... our fees at NIELSEN & BLY range from $3500 - $10,000 depending on the nature of the crime, number of charges, complexity of the case, novelty of the defense, likelihood of trial and finally, how much time I believe it will take to investigate, craft a defense and ultimately try the case.

If you're looking for a Dump Truck Lawyer, don't call me.  I'm not interested in pleading you guilty at arraignment.  

Professional education

Continuing Legal Education (CLE) is a requirement imposed by the Maine Bar Association.  The problem with CLEs is that most attorneys only do the bare minimum to satisfy the requirement.  It is very rare these days for attorneys to do more than the 10 CLE credits per year.  However, at NIELSEN & BLY, we believe professional education is an integral component of a criminal defense firm and is in harmony with our philosophy of providing the very best defense for all of our clients.

This year I have been to Maryland for an SFST student course.  Dallas for a course on mastering scientific evidence in OUI cases.  Harrisburg PA for an SFST instructor course.  Boston for a 2 day nation DUI seminar and a local criminal defense seminar hosted by the Maine Association of Criminal Defense Lawyers.  This year alone I have attended in excess of 100 hours of training focused on OUI defense.

However, the training doesn't stop with me.  Attorney Nielsen has been busy as well.  In October, Attorney Nielsen became one of the first attorneys in the country to attend a course devoted to understanding and dealing with Police Drug Recognition Evaluators (DRE).  This was a 24 hour intensive course that will prove invaluable to Attorney Nielsen's clients who've been charged with Operating Under the Influence of Drugs.

In addition, Attorney Nielsen is flying out to Houston Texas next week to attend a national seminar hosted by the National Association of Criminal Defense Lawyers on defending drug cases.  This course deals with all of the unique issues that arise in State and Federal drug cases such as wire tapping and surveillance methods, drug identification, confidential informants, criminal forfeiture issues, sentencing issues, money laundering, effective cross examination of the Government's expert witnesses and lab issues.

Both Attorney Bly and Attorney Nielsen have a full agenda planned for professional education in 2009.  Attorney Bly will be attending a blood course in San Diego CA as well as the DRE course in PA.  Attorney Nielsen will be attending a student SFST course as well as numerous federal drug education courses throughout the country.

Professional education doesn't end with a course work.  Rather, professional education is an ongoing, life long process.  A good attorney should continually read and educate himself about the law and science behind police work.  CLEs shouldn't be looked at as a ticket to punch or a dreaded requirement that has to be fulfilled so that the lawyer can practice law.  Rather, CLEs are just one part of the educational process that is ultimately utilized to the benefit of the client.

If you are in the process of trying to find an attorney to represent you in your criminal matter, interview that attorney and find out all you can about his/her qualifications.  Ask the tough questions about experience... education... and dedication to the practice of law.  You'll be surprised by some of the responses (or lack thereof) you receive.

How can an OUI affect me? I don't drive for a living.

You'd be surprised to know that an OUI affects more than just your driving privileges.  How about professional licenses?  Thats right.  If you're an attorney, an OUI conviction can present a real problem.  How about a realtor?  Yes.  What about a doctor?  Yup.  What about an investment banker with a securities license?  You betcha.  You see, an OUI can affect your life above and beyond just your driving privileges.

If you have a private or commercial pilot's license, an OUI can result in a loss of flying privileges.  What about a suspension but not a conviction?  Do you have to report that?  Yes.  Even a suspension for an OUI that doesn't result in a conviction means that you must report that suspension according to Federal Aviation Regulations.  

What if I work for the airlines but I don't fly?  Is that a problem?  Absolutely.  If you nothing but handle baggage, your job could be in jeopardy.  The FAA is a quagmire of potential legal land mines and if your attorney doesn't understand all of the different laws that could affect your livelihood, your livelihood could be in serious jeopardy.

The long and the short of it is that if you've been charged with an OUI, you can't take a single thing for granted.  Even if the idea of a criminal conviction doesn't bother you, think it through and speak with me first.  The worst mistake you could make is pleading guilty without understanding the ramifications of that plea.

I can't afford a lawyer...

I once I had a client who told me that money buys justice. I don't know if I agree with that statement completely but there is a certain amount of truth to it that can't be denied. In Maine we are dealing with a court appointed system that is completely broken and will need a complete overhaul if we are to catch up to other states with respect to equal and quality representation.

Maine is flat broke. As a result, the professional services the courts are willing to pay for are extremely limited. When courts make judgment calls about whether or not a defendant is entitled to an expert witness in his case based solely on the financial state of affairs, something is fundamentally wrong with our system. Let me be the first to say I don't want to plow my field with the State's mule (ie, the State's expert chemist)! Why you ask? Because he's the State's expert... that's why. No matter how many judges will say "but Mr. Bly, he's testified for both the State and the defense", I can't believe he is completely impartial and unbiased.

The truth of the matter is this: if you can afford the best experts and the best lawyers, your chances of having a successful outcome in your case are greatly enhanced. Now understand, it's not a guarantee that you'll win. But it is a guarantee that your chances of winning are increased. Let's look at OJ Simpson for a minute. How much $$$ do you think he spent on that legal team? Not only did OJ throw a truckload of cash at his lawyers, but he got the best scientific experts involved for DNA analysis and blood spatter evidence (amongst many other issues). In addition, he had the resources to get a crack team of investigators to put a nail in Mark Furman's coffin and exposed his racist motivations to lie and manufacture evidence. In the end, the resources OJ was able to marshall made a big difference in his case... he was found not guilty. Could OJ have won with a public defender? Maybe... but definitely not without all of the other resources at his legal team's disposal.

While there are many, many top notch attorneys who work on a court appointed basis, their hands are tied when it comes to getting the best experts involved. That's because Maine's court appointed system is tied solely to money. While it is not fair (and many of us believe it may even be unconstitutional), it is the way it is here in Maine. So to the extent that money buys justice, I disagree. Instead, money buys a better defense because money buys resources. Plain and simple.

Now I know many people out there read this blog. I know many defense attorneys read it. Prosecutors read my blog. Even judges read this blog. Some of you may be offended by what I wrote. That's fine. You also know deep down inside that what I'm saying is true and that our system is in desperate need of a top to bottom overhaul. I honestly believe that this is one of the very few problems that you can actually throw money at and see an immediate improvement as a result.

William T. Bly, Esq.

Maine OUI Lawyer

Why didn't the police officer "Mirandize" me?

Many people (even me once upon a time...) have the misconception that the police must read you your rights when they arrest you.  That's not necessarily true.  Many clients tell me when they first meet with me that "Officer so-and-so didn't read me my rights when he arrested me."  My response to that person is "did he ask you any questions after arresting you?"  

Miranda warnings... you know, the warnings they always give the "bad guy" at the end of one of those cop shows where they make the arrest?  It goes something like this: "You have the right to remain silent, anything you say can and will be used against you in a court of law.  You have the right to an attorney.  If you cannot afford an attorney, one will be provided to you.  Do you understand these rights as I've given them to you?"

So, what is the purpose of Miranda and when does a police officer have to give me those warnings?  Well, first you must be in custody.  Custody is defined loosely as a situation where your freedom of movement is constrained but not to the degree of a formal arrest.  Sounds like some lawyer double talk doesn't it?  We all know what an arrest looks like.  You're in cuffs in the back of a squad car being brought back to the PD for booking.   However, do you know what a custodial situation looks like?  Those are the tough calls and are open to dispute... usually in front of a judge where your attorney is trying to suppress evidence gained in violation of your constitutional rights.

Speaking of constitutional rights, that is what Miranda was meant to protect... your constitutional right to be free from an unlawful interrogation.  In other words, if the police are going to question you about the circumstances for which you have either been arrested for or are currently under suspicion for and being questioned, they must warn you about your right to remain silent.  Remember the phrase "you have the right to remain silent.  Anything you say can and will be used against you."  That means DO NOT SAY ANYTHING!!!  Let me repeat that in case you missed it... DO NOT TALK TO THE POLICE!!!!  PERIOD.  If you have been arrested for a crime... are taking the roadside olympics during an OUI investigation or the police just want you to "shed some light on a situation so we can clear you of any suspicion", just remember these words... DO NOT SAY ANYTHING TO THE POLICE.  They can and will use whatever you say against you later.  Don't do the police officer's job for him.  Let him make his case against you without your help.

William T. Bly, Esq.

Maine OUI Lawyer

I have an out of state license...

...what is going to happen to me if the State of Maine suspends me?  Well, that's a complex question.  The answer is that "it depends."  It depends on your home state's laws.  You see, there is no equality of treatment from one state to another.   Depending on what happens here in Maine, your home state penalty might be more lenient or it may be much worse.  It just all depends on your particular state.  Take NJ for example... if you lose your Maine case your insurance in NJ will increase by as much as quadruple over the course of the next 3 years.  In addition, your DMV will assess extremely high fines as well as a lengthy driver suspension.  

The best thing you can do is to fight your case.  Fight the Maine BMV suspension... fight the criminal charges... just fight.  There are no guarantees in life and I can't guarantee that if you fight these charges you will prevail.  However, I can guarantee that if you plead guilty to an OUI, you're going to have a criminal record... and it is going to have some impact on your home state driver's license.  That impact may be more severe than you imagine.

William T. Bly, Esq.

Maine OUI Lawyer

A Lawyer's Time and Advice is His Stock and Trade

"A Lawyer's Time and Advice is His Stock and Trade." That quote was made famous by Abraham Lincoln. A good attorney can only be measured by his time and advice. As a professional group, we don't create great and memorable works of art. However, our time and advice have the power to change the world... and your life for the better.

So when you're faced with a decision on whether to hire an attorney for your case, consider the following quote from the Harvard Law Review written nearly 50 years ago by George D. Honrstein, titled Legal Therapeutics.

"One thousand plodding hours may be far less productive than one imaginative, brilliant hour. A surgeon who skillfully performs an appendectomy in seven minutes is entitled to no smaller fee than one who takes an hour; many a patient would think he is entitled to more. The dubious value of the time factor as a standard for legal services has been recognized. The value of a lawyer's services is not measured by time or labor merely. The practice of law is an art in which success depends as much as in any other art on the application of imagination - and sometimes inspiration - to the subject matter. Another fact to be borne in mind is that when hours become a criterion, economy of time may cease to be a virtue. Inexperience, inefficiency, even incompetence will be rewarded. Expeditious termination of litigation will be discouraged - to the great cost of all."

Ask yourself the following question: how much would you pay a doctor to cure you if you or a loved one had cancer? Is any price too high? Would you rather die of cancer or live a long, healthy and prosperous life or die of the cancer running its course through your body? The answer is simple. Cure me. However, when it comes to the law, people don't ask me to cure them; rather people ask me to fix what they did. That's what I do all day long. I'm trying to fix or undo what you did and my time and advice are my stock and trade.

William T. Bly, Esq.

Maine OUI Lawyer