Legal Question in DUI Law in Maine

Problems in the home front

I recently was arrested for swatting my spouse with a broom for rude comments he was making. I was told not to come back in contact with him till I went to court. I got bailed out and dropped off at our home. I figured it was all a misunderstanding. When I got back, I smelled pot in the house and got upset over that. I had some words to say, nothing nice. Both of us had been drinking throughout the evening as well. He called the cops on me and I got in my car to move it from the house to the side. I was making room for the vehicle that was coming to get me and my things when the cops showed up. They arrested me again as well as charging me with an OUI (DWI) I had no intentions on leaving the yard to a public Road. They pulled up and blocked the end of the drive (which is long) and arrested me. Do they have the right to charge me for OUI in my own yard? I was never on a public street, Just in the yard with the car on and relocating it to the side yard to make room.


Asked on 8/12/07, 1:34 pm

1 Answer from Attorneys
David Marchese Drummond & Drummond, LLP

Re: Problems in the home front

You likely have a good defense w/ regard to the private property aspect of your OUI charge. If you have an attorney representing you in the domestic violence case, see if you can get them to assist you with the OUI, as you likely got charged with violating your conditions of release concerning the assault charge. If you need an attorney for the OUI, I'd be happy to assist. Feel free to contact me to discuss that. Thank you for your inquiry.

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Answered on 8/13/07, 9:37 am


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