Posts Categorized: Articles

Maine’s New Law Banning the Use of Handheld Phones and Devices While Driving Goes Into Effect on September 19, 2019

In an effort to stem the increase in accidents and fatalities resulting from distracted driving, “An Act to Prohibit the Use of Handheld Phones and Devices While Driving,” PL 2019, c. 486, will go into effect on September 19, 2019. The new law will generally prohibit drivers in Maine from using handheld phones and devices… Read more »

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 »

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 »

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 »

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 As originally enacted, the law prohibited employers from refusing to hire or penalizing applicants or employees for off-site marijuana use.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 »

What are the penalties for drunk driving in Maine?

In Maine, drunk driving is called “operating under the influence,” or “OUI.” A person commits OUI if the person operates a motor vehicle while under the influence of intoxicants, or while having a blood-alcohol level of .08 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath. The Maine Supreme… Read more »

Circumstantial evidence can present a “convincing mosaic” of gender discrimination

So holds a recent decision by the First Circuit Court of Appeals. In Burns v. Johnson, — F.3d — (1st  Cir. 2016), the First Circuit vacated a district court’s decision granting summary judgment to an employer, after the district court concluded the employee’s evidence of gender bias amounted to speculative conclusions about a supervisor’s motivation.… Read more »

Second Circuit recognizes individual liability under FMLA

In a recent decision, Graziadio v. Culinary Institute of America, the Second Circuit Court of Appeals concluded that supervisors can be held individually liable for violations of the Family Medical Leave Act (FMLA). Under the FMLA, only an employer may be held liable for violations of the statute. To decide who qualifies as an “employer,” the Second… Read more »