Edmund R. Folsom’s Answers

Edmund R. Folsom

Biddeford Criminal Defense Attorney.

Contributor Level 10
  1. Does a 'Drug paraphernalia' charge affect the 'Q Conditional Restriction' on my license after getting an OUI?

    Answered 2 months ago.

    1. Edmund R. Folsom
    2. Anthony K Ferguson
    3. Julia E. Simmons
    4. Craig Michael Sturm
    4 lawyer answers

    A drug paraphernalia charge has no effect on a conditional license and you are not going to "get another OUI" for possessing drug paraphernalia.

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  2. I was wondering for first oui would I have to take the deep course,with a clean record other wise?

    Answered about 2 years ago.

    1. Edmund R. Folsom
    2. Alexander M. Ivakhnenko
    3. Wayne Rodgers Foote
    3 lawyer answers

    If you are suspended, either administratively for operating with an excessive alcohol level or in court upon conviction for OUI, you will be required to meet DEEP requirements. A person may satisfy DEEP requirements either through the weekend course (and potentially referred follow-up counseling) or through individual counseling in what is called Completion of Treatment, but one way or the other a person’s license will not be reinstated unless those requirements have been met. If you were...

    6 lawyers agreed with this answer

  3. I was wonderind for a first oui offence with no aggravating factors What the law is for that? and will I have to take a schoolin

    Answered about 2 years ago.

    1. Edmund R. Folsom
    2. Luke S Rioux
    3. Jasen Bodie Nielsen
    4. Charles K. Kenyon Jr.
    4 lawyer answers

    A first offense OUI with a test result less than .15% and no other aggravating factors, carries a mandatory minimum $500.00 fine (plus surcharges, for total of $640.00) and a 90-day suspension of license/right to operate. The fine may be higher, as the maximum fine for the offense is $2,000.00. There is a separate and entirely independent suspension process that takes place through the BMV. In that process, the person is to be suspended if it is established by a preponderance of the...

    5 lawyers agreed with this answer

  4. I got cought for my third oas in saco maine an Within a year or so so I was wondering what I was looking at when I go to court

    Answered 4 days ago.

    1. Edmund R. Folsom
    2. Luke S Rioux
    2 lawyer answers

    If this is your third OAS committed within a 5-year period, what comes after court is the worst of it. A conviction of a third OAS committed within a 5-year period will cause you to be declared an habitual offender (unless one or more of the OAS's is a type not counted toward H.O. status). Eluding an officer and criminal speeding also count toward habitual offender status, which status carries a 3-year revocation of your driver's license. In court, you might well be looking only at a fine,...

    4 lawyers agreed with this answer

  5. Is it possible for legal drugs (Librium) in one's system and/or liver impairment to effect BAC test and make it look higher?

    Answered 9 months ago.

    1. Edmund R. Folsom
    2. Chris A Nielsen
    2 lawyer answers

    This question is better directed to a DUI attorney in Florida, rather than appearing here as a question involving criminal defense/OUI defense under Maine law. The bottom line on the blood alcohol level is that Librium will not have made it appear that there was alcohol in your relative's blood that was not actually there. As to the possibility that your relative was impaired by Librium more than alcohol, I suspect Florida law is like Maine law in defining the state of being under the...

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  6. Since a passenger cant fight a search of a car, can the passenger fight the stop.in a motion to suppress evidence(guns)

    Answered about 2 years ago.

    1. Edmund R. Folsom
    2. John Leif Fossum
    3. Joshua Sachs
    3 lawyer answers

    I agree with the other attorneys who have told you not to do this on your own. The short answer to your direct question is that a passenger can contest the initial stop of a car as an unreasonable seizure of his person. A motion to suppress contesting an unlawful stop can save the passenger from facing consequences for what was found in the car as a result of the illegal stop. You apparently realize that a passenger may have problems contesting the seizure of certain itemse seized from a...

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  7. What are the consequences of petty theft misdemeanor, first offense?

    Answered about 2 years ago.

    1. Edmund R. Folsom
    2. Robert Laurens Driessen
    3. David Mark Wallin
    4. Jennifer Diem-Trang Le
    5. Craig Allen Renetzky
    6. ···
    6 lawyer answers

    I wish nobody on here said they stole something, because this is a very public forum. It's enough to say that you have been acccused of stealing something at J.C. Penney. As other counsel have pointed out, the crime you are charged with is a crime of moral turpitude. Even if you were a U.S. citizen you'd be well advised to do everything possible to avoid a theft conviction. And you have complications that a U.S. citizen does not. You have to draw on whatever resources are available to...

    5 lawyers agreed with this answer

  8. I got a summons for arraignment to got to court

    Answered about 2 months ago.

    1. Edmund R. Folsom
    2. James D. Wade
    2 lawyer answers

    You need to find time to get an attorney. A conviction of these charges will have very serious lifelong consequences, so you need to carve out whatever time it takes to deal with them as effectively as possible. I recommend that you set up a consultation with a criminal defense attorney as soon as possible. Don't post any more detail on this site and don't talk to other people or try to explain what happened unless you are providing the information to an attorney in a confidential setting....

    3 lawyers agreed with this answer

  9. A home was recently raided for sex trafficking. My car was likely observed there a few months ago. What happens now?

    Answered 7 months ago.

    1. Edmund R. Folsom
    2. Luke S Rioux
    3. Jennifer J Wirsching
    3 lawyer answers

    This is a public site. You have posted way more detail than you should have. Call an attorney on Monday and discuss your circumstance in a setting of attorney-client privilege. In the meantime, keep the rest of it to yourself.

    3 lawyers agreed with this answer

  10. Were my OAS and leaving the scene charges dropped?

    Answered about 1 year ago.

    1. Edmund R. Folsom
    2. Luke S Rioux
    2 lawyer answers

    All the clerk can tell you is what the clerk has of record at this point for the purpose of assigning a docket number for your case. The actual charges that will be brought under that case docket number will be brought by an Assistant D.A. after he or she reviews the police reports. It's almost certain that the police reports will describe the facts that caused the officer to summons you for leaving the scene and OAS in the first place. You should therefore expect to face arraignment on a...

    3 lawyers agreed with this answer

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