Posts Categorized: Articles

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 »

U.S. Dept. of Labor issues final rule to update regulations relating to exemption of workers from minimum wage and overtime pay requirements

On Tuesday, September 24, 2019, the Wage and Hour Division of the United States Department of Labor (the “Department”) issued a new Final Rule (summarized in a Fact Sheet released by the Department) to update the regulations defining and delimiting the exemptions for executive, administrative, or professional employees. According to the Department, the new regulations issued… 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 »

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 »