Posts Categorized: Results

150-Day License Suspension (OUI / .27 BAC) Dismissed

The firm’s client was stopped for erratic operation. After field sobriety tests, the officer arrested the client and brought her to the police station for breath test on an Intoxilyzer 8000. The Intoxilyzer registered a result of .27 — more than three times the legal limit. Attorney Smith fought at the BMV to stop the client’s… Read more »

Evidence Suppressed—OUI Case Dismissed

Tyler Smith recently won a motion to suppress a hearing in an Operating Under the Influence (OUI) case. A police officer received a tip that a driver, later identified as our client, was driving erratically. The officer responded to the client’s home and was let inside by another occupant. Once inside, the officer confronted the… Read more »

Not Guilty Verdict In OUI Trial With A .17 Breath Test

A jury unanimously found Tyler Smith‘s client not guilty of operating under the influence after trial. If convicted, the client faced a maximum penalty of up to 364 days in jail and a $2,000 fine. He also faced a mandatory minimum penalty of 48 hours in jail, a $500 fine, and a 150-day license suspension.… Read more »

.33 OUI Dismissed

Tyler Smith recently obtained a dismissal of an operating under the influence (OUI) charge with a .33 breath test. Our client was stopped for speeding. The officer asked the client to exit the vehicle and administered field sobriety tests. The officer’s report stated that client did not pass any of the field sobriety tests. The… Read more »

Hung Jury in .15 BrAC OUI Jury Trial: OUI Case Dismissed.

Tyler Smith obtained a hung jury in an OUI trial with a .15 BrAC, leading to a dismissal of the OUI charge against the firm’s client. The client was stopped for running a stop sign. The officer administered the three standardized field sobriety tests and the lack of convergence test. He then arrested the client,… Read more »

Client’s Driver’s License Reinstated After Hearing

Attorney Tyler Smith recently won a recission of a client’s license suspension at a hearing before the Maine Bureau of Motor Vehicles (BMV). According to the officer, our client was observed making a dangerous traffic maneuver. After being stopped, the client was subjected to field sobriety tests and, as a result, was arrested for operating… Read more »

Keith Richard Obtains Preliminary Injunction Halting Subdivision

Keith Richard successfully obtained a preliminary injunction on behalf of a client seeking title to land by adverse possession.  The injunction effectively halted planned construction of an access road to a subdivision over the property.  Unless the developer finds an alternative access road, the development will be on hold until the conclusion of the litigation.

Keith Richard wins Law Court appeal in land use case

Keith Richard recently prevailed in an appeal before the Maine Supreme Judicial Court, sitting as the Law Court.  Keith successfully overturned an adverse decision for the client in Superior Court, in an appeal that required supplemental briefing and oral argument.  In Hill v. Town of Wells, 2021 ME 38, the Court held that the Wells zoning board… Read more »

Attorney Keith Richard wins dock zoning appeal

Attorney Keith P. Richard recently successfully appealed a permit denial decision on behalf of a client in Poland, Maine.  The client applied for a permit to install a dock but was denied on the basis that there was insufficient frontage pursuant to the Town ordinance. At a hearing before the Zoning Board of Appeals, Attorney… Read more »