Legal Question in DUI Law in Maine

Can I apeal?

I was charged with OUI and told that since it was not a jail able offence that the state would not provide me with counsel. I told the court that I could not afford a Lawyer and they told me that I was allowed to defend myself. According to article eight in the bill of rights (the accused shall enjoy the right to have the assistance of counsel for his defense.) which I did not have. I believe that my rights have been violated and I would like to find out what I can do about it.


Asked on 4/17/09, 2:01 pm

1 Answer from Attorneys
David Marchese Drummond & Drummond, LLP

Re: Can I apeal?

I regret to inform you that there is no right to an attorney in Maine for a non-jailable offense, nor do you have a right to an appeal of the judge's ruling concerning court appointed counsel.I am truly sorry that you cannot afford an attorney. These matters are complicated. Attorneys have the knowledge and ability to negotiate or litigate better outcomes than unrepresented defendants typically can do. However, the district attorneys are generally quite fair. I wish you the best of luck and I am sorry that you have to go through this. Thank you for your inquiry.

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Answered on 4/17/09, 2:36 pm


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