Posts Categorized: Articles

Department of Labor releases Draft Final Rule on the Families First Coronavirus Response Act (FFCRA) and clarifies employee notice requirements

In response to the novel coronavirus (COVID-19) pandemic, Congress passed the Families First Coronavirus Response Act (FFCRA). FFCRA went into effect on April 1, 2020 and provides that covered employers with fewer than 500 employees must provide up to two weeks of emergency paid sick leave and up to twelve weeks of expanded family medical leave… Read more »

Can your childcare provider still charge you if they are closed due to the coronavirus pandemic?

One question receiving much attention regarding the coronavirus (COVID-19) pandemic is childcare. In some instances, daycares, childcare centers, and preschools have closed but are still charging families. Is this lawful? It depends. The first issue to consider when assessing whether a parent may be charged during an extended closure due to coronavirus is the contract… Read more »

Operating under the influence may include “mowing” under the influence

An unusual arrest by the Augusta Police Department serves as a good reminder about the breadth of Maine’s drunk driving laws.  According to a February 10, 2020 post on its Facebook page, the Augusta Police Department recently arrested someone who was operating a lawnmower while under the influence.  The Facebook post reads, “Although it’s not… Read more »

Maine Supreme Court vacates OUI conviction due to improper jury instructions

In State v. Thurlow, the Law Court vacated Mr. Thurlow’s conviction for operating under the influence and ruled that he was entitled to a new trial because the trial court incorrectly instructed the jury about the evidentiary significance of his refusal to submit to a breath test. At the time of the traffic stop, Thurlow’s… Read more »

Frequently Asked Questions About OUI in Maine

If you or a loved one has been arrested for drunk driving, known as operating under the influence (OUI) in the State of Maine, you probably have many questions. The criminal defense attorneys at Libby O’Brien Kingsley & Champion are knowledgeable about OUI law and are experienced in representing clients facing OUI charges. Below are… Read more »

Preparing For Your First Oral Argument Before the Maine Supreme Court

Presenting an oral argument to an appellate court can be an exciting experience. The oral argument also presents an opportunity to enhance your credibility with the bench, instill confidence in your argument, and improve your chances of success. Below are seven tips for presenting an effective oral argument. Select the Best Issues Effective oral argument… Read more »

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.… Read more »