Posts Categorized: Articles

Sobriety Checkpoints in Maine

As summer begins, motorists can expect to see an uptick in sobriety checkpoints, also known as OUI checkpoints. Police officers will set up a roadblock to stop motorists and determine if the motorist is impaired. The U.S. Supreme Court and the Maine Law Court have each held that a properly conducted sobriety checkpoint is an… Read more »

Law Court hands down important decision regarding public access to beaches

In a prior article, I wrote about a Maine Supreme Court case about seaweed ownership. The Court recently handed down its decision in Ross v. Acadian Seaplants, holding that the waterfront property owner owns the seaweed growing in the intertidal zone. The Law Court reasoned that taking seaweed is not “fishing” and accordingly not within… Read more »

Savings clause to the Maine Uniform Fraudulent Transfer Act is triggered by discovery of the fraud, not discovery of the transfer

So holds the Maine Supreme Judicial Court, sitting as the Law Court, in today’s decision in State of Maine v. Tucci, 2019 ME 51, — A.3d —. Tucci was found to have fraudulently transferred property in 2009. More than six years later, the State of Maine filed a lawsuit against Tucci alleging that the transfers… Read more »

Docks and the law

Maine has no shortage of lakes and ponds—so many, in fact, that there are several thousand that do not even have a name. Naturally, swimming, boating, and kayaking/canoeing are popular activities, especially at the lakefront camp. Those water-dependent activities rely on docks and other improvements. But whether a property owner may construct a dock on… Read more »

Do I have to take field sobriety tests?

If you are pulled over and the officer suspects that you may be impaired, you will likely be asked to exit the car and take field sobriety tests. In Maine, you are not required to take field sobriety tests.  The officer will not tell you that you can refuse to take a field sobriety test. If… Read more »

Airbnb In Maine: A patchwork of regulation

Maine is renowned as a summer tourism destination. In Portland, my hometown, even the “budget” hotels can cost over $300/night during the peak season. Given the shortage of rooms, and high prices, it’s no surprise that vacationers have looked to other options to shack up. Enter Airbnb. Founded in 2008, Airbnb is a platform on… Read more »

What should I do if charged with a Maine OUI?

In Maine, drunk driving is called operating under the influence, or OUI for short.  An OUI conviction can result in jail time, fines, and a license suspension. Your license will likely be suspended by the Maine Bureau of Motor Vehicles before you even go to court. If you are arrested for OUI, there are five… Read more »

What do the new amendments to Maine’s Marijuana Legalization Act mean for employers?

By citizen’s initiative, Maine voters approved the Marijuana Legalization Act in November 2016. As originally enacted, the law prohibited employers from refusing to hire or penalizing applicants or employees for off-site marijuana use.  In 2018, the Maine Legislature passed L.D. 1719, “An Act to Implement a Regulatory Structure for Adult Use Marijuana.” The Governor vetoed… Read more »