Archives February 2025

January 11^th, 2025, in Skowhegan, Maine, a Maine Department of Transportation plow truck sustained a head-on collision caused by a drunk driver on Route 2, as reported by law enforcement.

Chief David Bucknam of Skowhegan Police confirmed the crash occurred around 10:15 p.m. Saturday on Canaan Road, a section of Route 2, near the Malbons Mills Road intersection. Witness accounts revealed that a 2011 GMC Terrain SUV, traveling east on the wrong side of Route 2, struck the oncoming plow truck, which was carrying a load of sand.

Investigators identified the SUV driver as 53-year-old Mary Fournier, a Skowhegan resident. She exhibited severe intoxication and required assistance to exit her vehicle. Emergency services transported Fournier to Redington-Fairview General Hospital, where she received treatment for minor injuries. Police noted that the plow truck operator did not report any injuries.

Authorities disclosed that Fournier was driving under a conditional license imposed after a 2019 OUI conviction. Following the incident, she received a summons for OUI and lane violations related to Saturday’s crash.

OUI penalties in Maine

Maine enforces strict penalties for operating under the influence (OUI). If your blood alcohol content (BAC) is .15 or higher, the law imposes a mandatory minimum jail sentence of 48 hours. Refusing to submit to a chemical test results in even harsher consequences, including a mandatory minimum jail sentence of 96 hours.

Keep in mind that Maine applies a 10-year “look-back” period when considering prior offenses, meaning any OUI conviction within the last decade may impact future charges and penalties. For example, along with potential jail time, first-time offenders face the following penalties:

• Standard First OUI Offense: A minimum $500 fine and a 150-day license suspension.
• First OUI Offense with Refusal: A minimum $600 fine, a 150-day court-imposed license suspension, and an additional 275-day administrative suspension.

These minimum penalties may seem manageable compared to harsher consequences, but they still create significant disruptions in daily life. A 150-day license suspension affects commuting to work, running errands, and personal responsibilities. A $500 fine can be a financial strain, especially when paired with other potential costs like legal fees or increased insurance rates. Additionally, 48 hours of mandatory jail time—especially for those who refuse breath or chemical testing—can mean lost wages, potential job consequences, and personal hardship. While these penalties serve as a deterrent, their impact on daily routines underscores the seriousness of impaired driving laws in Maine.

Felony OUI charges carry even harsher consequences. Offenses involving serious injury or death can lead to extended prison sentences and permanent license revocation. Repeat offenders and aggravating factors, such as the presence of a minor in the vehicle, can increase penalties significantly.

OUI breath test refusals

In Maine, refusing a breath test results in an automatic administrative license suspension under the implied consent law. The refusal may also be used as evidence in court, and prosecutors may argue it suggests consciousness of guilt. Unless an officer fails to properly inform you of the legal and court consequences, your refusal is likely admissible. To contest the suspension, a hearing must be requested within 10 days. Additionally, a refusal can eliminate eligibility for a work license, further increasing the impact .

For a first refusal, a license suspension lasts 275 days. A second refusal within 10 years results in a two-year suspension. Third and fourth refusals carry suspensions of four and six years, respectively, within the same 10-year period.

If you’re under 21, the penalties that can be incurred for a refusal are stricter, with an 18-month suspension for a first refusal and 30 months for a second refusal.

How long does an OUI stay on your record in Maine?

In Maine, an OUI conviction stays on your record for life. The state does not allow the expungement of OUI offenses, making them permanent entries on your criminal record. This permanence applies regardless of whether it’s a first offense or a subsequent one.

For sentencing, Maine considers prior OUI convictions within the past 10 years. A prior conviction within this period can result in enhanced penalties for a new OUI charge.

Outside of the 10-year lookback period, prior convictions are still visible and could impact a person in other areas of life, such as the cost of insurance rates or when undergoing an employment background check. This unchanged record underscores the importance of understanding the long-term consequences of an OUI conviction in Maine.

If you have been arrested for drunk driving anywhere in Maine, contact The Maine Criminal Defense Group directly online or call us at 207-571-8146 to speak with an experienced OUI lawyer near me who can help you. We have offices conveniently located in Portland & Kennebunk helping all residence of southern Maine.

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Domestic violence cases remain a serious issue today. When presenting a case in court, the evidence can make or break a case. If you’ve been accused of a domestic violence offense, it is crucial to stay informed about the types of evidence in domestic violence cases that prosecutors may use and how it can impact the case in court.

There are many types of evidence that can be presented in court for domestic violence cases, some carrying more weight and significance than others. These may include:

1. Physical Evidence

Physical evidence is one of the strongest evidences in a domestic violence case because it provides tangible, visible proof that an incident occurred. Prosecutors rely on this type of evidence to build their case, but it’s important to understand that physical evidence alone does not necessarily prove guilt—it must be properly analyzed and placed in the right context.

• Photographs of injuries: Visible injuries, such as bruises, cuts, scrapes, or swelling.
• Damaged property: Torn clothing, broken household items, or damaged electronics (such as a smashed phone).
• Weapons used in the alleged incident: Household item, belt, or firearm.
• Blood or DNA evidence: Blood stains, hair, or DNA samples.
• Fingerprints or handprints: Fingerprints or handprint impressions on their body, clothing, or household objects.

Defense Strategy: Injuries do not always tell the full story. Some may be self-inflicted, accidental, or result from mutual combat. A skilled defense attorney can question the source and timing of injuries to give you the best result for your case. 

2. Medical Records

Medical records have a crucial role in domestic violence cases because they provide documentation from medical professionals who have evaluated the alleged victim. Prosecutors use these records to establish that an injury occurred and to support their claim that the accused was responsible. If the alleged victim seeks medical attention, the prosecution may use the following types of documents as evidence:

• Doctor’s notes describing injuries
• Emergency room reports 
• X-rays, MRIs, or CT scans 
• Medical photographs 
• Toxicology reports 

Defense Strategy: Medical records only confirm an injury, not who caused it or the circumstances surrounding it. If there is an alternative explanation for the injuries, the defense can present medical expert testimony to challenge the prosecution’s claims.

3. Police Reports and Officer Testimony

When the police respond to a domestic violence call, their actions can have a big impact on the case. Officers are trained to assess the situation, calm things down, and decide whether to make an arrest. But these decisions often happen in the heat of the moment, with emotions running high and details that might be unclear or even misleading.

A police report is a formal document that records the responding officer’s observations and actions at the scene. Prosecutors often rely on these reports, along with officer testimony, to build their case against the accused. 

What Police Reports Typically Include

• Statements from both parties: 
• Observations of injuries or property damage 
• Witness statements 
• The demeanor of the parties involved 
• Whether an arrest was made and why 

Defense Strategy: Officers arrive after the fact and may not have witnessed the incident. Police reports can be subjective and sometimes based on misleading or one-sided accounts. Body camera footage (if available) can help provide a more accurate picture.

4. Witness Testimony

Witness testimony can make or break a domestic violence case. Some witnesses back up the allegations, while others challenge them. Their accounts can add credibility to one side’s story—or raise serious doubts about what really happened.

Types of Witnesses in Domestic Violence Cases

• Family members or roommates
• Neighbors 
• Friends or coworkers 
• Emergency responders (paramedics, 911 operators, or medical staff) 

Defense Strategy: Witnesses may be biased, unreliable, or have personal motives for their testimony. Cross-examination can expose inconsistencies in their statements.

5. 911 Call Recordings

Prosecutors often use 911 call recordings as evidence, pointing to the caller’s tone, urgency, and words to argue that a crime took place.

Defense Strategy: People call 911 in stressful moments, sometimes exaggerating or speaking out of fear or anger. A defense attorney can question whether the caller was being truthful or reacting emotionally. If they later change their story, that can cast doubt on the original claim.

6. Text Messages, Emails, and Social Media Posts

In today’s digital age, text messages, emails, and social media posts can play a critical role in domestic violence cases. These forms of communication can provide insight into the relationship between the accused and the alleged victim, revealing arguments, threats, apologies, or even evidence that contradicts the accusations.

Types of Digital Evidence That May Be Used in Court

• Text messages: Texts that suggest threats, admissions of guilt, or escalating arguments. 
• Emails: Emails may contain apologies, accusations, or detailed descriptions of an alleged incident. 
• Social media posts and messages: Social media platforms contain posts, private messages, or comments that prosecutors claim demonstrate abusive behavior.
• Call logs and voicemails: Records of repeated calls or voicemails with aggressive or emotional content.
• Deleted messages: In some cases, law enforcement may attempt to recover deleted messages, arguing that they contain incriminating evidence.

Defense Strategy: Messages can be taken out of context or manipulated. A defense attorney can analyze the entire conversation rather than isolated messages to present a more complete picture.

7. Surveillance and Video Evidence

If the alleged incident took place in a public area or near security cameras, video footage could be used as evidence. This might come from surveillance cameras, home security systems, doorbell cameras, or even cellphone recordings taken by bystanders. Prosecutors may argue that the footage provides clear proof of what happened, but video alone doesn’t always tell the whole story.

Defense Strategy: Video evidence must be properly authenticated and analyzed. A recording may be blurry, taken out of context, or fail to capture what happened before or after the alleged incident. If the footage is unclear or incomplete, the defense can argue that it is not strong enough to support the charges.

Contact a Criminal Defense Attorney Today

Russell A. Spatz of the Spatz Law Firm, PL, in Miami has extensive experience defending those who have been accused of domestic abuse. He has more than 40 years of experience representing clients in complex criminal cases.

To discuss your case with Russell Spatz, a domestic violence defense attorney in Miami-Dade County, call the Spatz Law Firm, PL, at 305-442-0200. You may also make an appointment online.

Defending against OUI offenses in Southern Maine

Anyone charged with a 2nd OUI in Maine should expect little leniency from the criminal justice system.

This makes it even more important to challenge the charges and avoid a conviction. Educating yourself about what constitutes a second OUI in Maine and the potential OUI penalties for the offense is the first step.

Here’s what you need to know.

2nd OUI in Maine

OUI charges can be filed against anyone suspected of operating a motor vehicle while:

• Under the influence of alcohol or a controlled substance, including drugs or prescription medications.
• Having an alcohol level of 0.08 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath (the legal limit).

A second-time OUI offense is committed when an individual either has a DUI conviction or a DUI-related offense within Maine or any other U.S. state within the last 10 years. This includes refusals to take a chemical test.

The prior OUI essentially “aggravates” the pending charge, making the second charge even more serious than the first.

2nd OUI Penalties in Maine

For a second OUI offense, the penalties become more severe. These OUI penalties can come in the form of higher fines, a longer driver suspension, and mandatory jail time.

With first-time OUIs, there is a recognition that people make honest mistakes. Often, an experienced OUI lawyer can plead a case for leniency if the case cannot be dismissed.

A second OUI, however, indicates to the authorities a pattern of errant behavior from an individual who has not been deterred. The Maine criminal justice system views this extremely dimly, with the prosecutor far less likely to negotiate.

Here’s a summary of the potential mandatory penalties you could face for a second OUI in Maine:

• A mandatory fine of $700 (plus fees and surcharges)
• A mandatory license suspension of three years ordered by the court
• A mandatory jail sentence of seven days
• A court-ordered suspension of the person’s right to register a motor vehicle

A second OUI charge (if nobody was injured in the OUI incident) is considered a Class D misdemeanor. In some cases, the mandatory seven-day jail sentence can be served in the Second Offender Alternative Sentencing Program with community service for a week supervised by the county jail.

If an injury is caused by a driver found to be operating the vehicle while intoxicated, penalties escalate significantly, possibly including several years in prison and revocation of the driver’s license for life.

Penalties for third and fourth OUI offenses are even more serious than those for a second OUI conviction.

Penalties for a 2nd chemical test refusal

In Maine, the “implied consent” law means that refusing to submit to a chemical test is also a criminal offense. Provided the request is from an authorized law enforcement official with probable cause, offenders can face harsher penalties than with a straightforward OUI.

The chemical test can be a breath, blood, or urine test. Second-time refusal offenses attract the following penalties:

• Mandatory jail sentence of 12 days
• Mandatory minimum fine of $900 fine
• Mandatory court-imposed three-year driving suspension, plus an 18-month administrative suspension from the Maine Bureau of Motor Vehicles (BMV)

The administrative license suspension begins immediately upon refusal to take a chemical test.

Driving consequences of a 2nd OUI in Maine

With a second OUI, the BMV can suspend your driver’s license simply from a police report—no court processes are required.

However, you can request an administrative hearing at the BMV to challenge the suspension. This is generally advisable as it will at least postpone the license suspension until after the hearing.

At the administrative hearing, an OUI attorney can plead your case and, if successful, the administrative suspension will be withdrawn. However, you could still face a court-ordered license suspension of three years for a conviction for a second offense OUI.

A suspension for a second OUI will not include a right to a work-restricted license. However, under certain circumstances, you may be able to drive before the end of the three-year suspension period.

Notably, after serving nine months of the suspension, drivers can often drive with an Ignition Interlock Device (IID) fitted in their vehicles. This is an in-vehicle breathalyzer device that will only allow the engine to start if the driver registers a zero reading.

The Maine DEEP program

Maine’s DEEP program is a weekend-long substance abuse evaluation program, which all OUI offenders must attend before being eligible to join the ignition interlock device program or having their license reinstated.

For second-time OUI offenders, the DEEP office will evaluate the offender and may recommend additional one-on-one substance abuse counseling.

What if you’re charged with a 2nd OUI but live outside Maine?

For non-Maine residents who are charged with a second offense OUI while on vacation or working in Maine, the same penalties apply as for Maine residents.

The defense offered by an OUI lawyer is also likely to be the same, but non-residents are less likely to be able to attend court in person. Even if the individual does not attend the arraignment,  attendance would be mandatory at a trial.

When it comes to license suspensions for non-residents of Maine, the BMV will suspend the license but the home state may not apply any suspension until notified by the BMV of a suspension or an OUI conviction. In most cases, to escape a suspension, fighting the BMV suspension and pursuing a case dismissal or not-guilty verdict is recommended.

How can a Maine OUI lawyer help you?

Appointing an experienced OUI lawyer with intimate knowledge of the OUI laws and judicial system in Maine, and who is persuasive toward prosecutors and judges, can prevent the severe consequences of a second OUI.

Your defense may be constructed around any of the following:

• No reasonable suspicion to stop you
• No probable cause to breathalyze you
• Improperly executed sobriety tests
• No certification for the police officer to use the breathalyzer
• Improper calibration of the breathalyzer
• Improperly executed breathalyzer or blood test

For second OUI charges, an experienced OUI lawyer will also investigate the prior conviction to see if there are any constitutional issues with it. Your lawyer may also call on expert witnesses to support your case or recommend that you enroll in alcohol or substance abuse treatment to improve your legal position.

For experienced legal help with any OUI charge, call the Maine Criminal Defense Group at 207-571-8146 for an initial case evaluation.

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Assault, criminal threatening, and reckless conduct in domestic settings can all be classed as domestic violence in Maine—and criminal charges can be filed against the accused.

Once an arrest for domestic violence has been made and charges are filed, the situation is out of your hands.

As the situation calms down—even if nobody was hurt in the incident, criminal charges may still be pursued. This remains the case even if the complainant believes they overreacted and wants to withdraw the complaint. The harsh reality is that charges cannot simply be dropped on the say-so of the complainant or a criminal defense lawyer.

Types of domestic violence charges in Maine

Domestic violence takes many forms in Maine, including all forms of physical, emotional, verbal, and sexual abuse committed in a domestic setting, encompassing acts committed to intimidate or control the victim or cause the victim emotional distress.

Technically, domestic violence is any violence committed against family or household members, including dating partners and ex-partners.

The main types of domestic violence are:

Domestic violence assault

This is assault as defined by Section 207 of the Maine Criminal Code where the victim is a family member or a member of the same household as the accused.

Domestic violence criminal threatening

Criminal threatening is when an individual knowingly places a family or household member in fear of imminent bodily injury—such as being shot, stabbed, strangled, struck, etc.

Domestic violence terrorizing

Terrorizing is if an individual communicates to a family or household member a threat to commit or to cause to be committed a crime of  violence dangerous to human life—placing the intended recipient in reasonable fear of the act being carried out—it could lead to domestic violence terrorizing charges.

Domestic violence reckless conduct

Domestic violence reckless conduct is when an individual recklessly creates a substantial risk of serious bodily injury to a family or household member—without regard for their safety.

Can your spouse drop domestic violence charges?

Some individuals accused of domestic violence charges in Maine believe that if their partner drops the complaint against them, the criminal charges will be dropped. This is untrue. Once criminal charges have been filed, only the prosecutor can drop them.

The District Attorney’s office has a team of staff and prosecutors who handle domestic violence cases. Among the staff are victim advocates who will contact the individual who made the complaint and explain the process. If the complainant expresses the desire to drop the complaint to the advocate, it may help in getting the charges dropped but it is not determinative.

The complainant may also communicate with the defendant’s lawyer to increase the chances of the charges being dropped. However,  a complainant who wants the charges dropped should not contact the defendant if this can lead to a violation of bail conditions, which usually stipulate no contact with the alleged victim.

Many domestic violence charges in Maine are dropped but only after the state prosecutor has carefully reviewed all of the evidence. The primary duties of prosecutors are to uphold laws, decide which criminal charges should be pursued, protect the general public and state resources.

Prosecutors have discretion in deciding whether to pursue or drop charges. Their role is not just to secure convictions but to ensure justice is served fairly.  There are instances where charges may be dropped, but it is less likely if injuries were caused, or weapons were used in the alleged violent incident, or if the defendant poses a risk to family members or the general public. Charges may be pursued even if the complainant changes the story or wants to withdraw evidence.

Specific evidence must be substantiated and the charges proven beyond a reasonable doubt for the state to convict an individual of a domestic violence crime. This can be challenging if evidence is withdrawn by the complainant—but subpoenas can be issued.

Potential penalties for domestic violence crimes in Maine

Violent crimes are dealt with severely by Maine’s justice system. Domestic violence offenses can be classed as felonies or misdemeanors, depending on the circumstances. If a weapon was used, injury was caused to the complainant, and/or the defendant has prior convictions, a charge is more likely to be prosecuted as a felony.

Domestic violence convictions in Maine can result in incarceration, probation, fines, rehabilitation or treatment classes, and the payment of restitution to the victim.

The longer-term consequences of a criminal conviction stretch well beyond the initial penalties. A permanent criminal record for a violent crime can affect one’s employment, education, housing, travel, immigration status, firearm ownership, parental rights, and more.

How can a criminal defense lawyer help defend your domestic violence charges?

If you have been charged with domestic violence in Maine, your best bet is to hire a criminal defense attorney to aggressively defend the charges. Your actions after an arrest for domestic violence are extremely important, so it is best to speak to a criminal defense lawyer at the earliest opportunity to prevent the situation from deteriorating.

If the case goes to trial, your chances of a favorable outcome improve with a criminal defense attorney skilled in crafting a strong, strategic defense tailored to your case.

Fighting a domestic violence charge is especially challenging emotionally as well as mentally because you may not be able to contact family members. Dealing with the social stigma and reputational damage may also be difficult.

The support and guidance of a skilled domestic violence attorney can help you navigate the judicial system in Maine and minimize the impact on your future.

For experienced legal help with a domestic violence charge, call the Maine Criminal Defense Group at 207-571-8146 for an initial case evaluation.

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