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Robert C. LeBrasseur

Robert LeBrasseur’s Answers

563 total


  • On probation for an OUI, did a urine test for alcohol. failed the test.

    can the test be successfully challenged? I have read that these test are unreliable, so much so that federal agencies will not use them.

    Robert’s Answer

    The test can be challenged. Was the urine sent to the HETL lab or just a "dip stick" presumptive test? You really need to retain a criminal defense attorney. Good luck.

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  • What are the best ways to negotiate out of a speeding/unsafe lane changes ticket?

    I recently recieved a speeding ticket in Massachusatts and I am a resident of Maine. I am 19 years old. I recieved a citation for "unsafe lane changes" and "going 85 in a 65 zone." On the ticket it is checked as LIDAR and estimated and posted. The...

    Robert’s Answer

    Since the ticket is out of Massachusetts you need to ask this question to a Massachusetts' attorney who regularly handles traffic violations. All these things are possible in Maine. I would suggest taking a defense driving course as it will impact the points on your license in a positive manner and could be used in Massachusetts. In other words, you have nothing to lose, except your time and money, in taking the course. I wish you the best of luck.

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  • Violated bail conditions am I gonna go to jail??

    A few months ago my friend got in to an argument with her husband the police ended up showing up... They asked if I had been drinking as well and I told them the truth that I had 2 beers at dinner they were going to arrest me but gave me a court d...

    Robert’s Answer

    If you where summonsed and have not violated again it is doubtful you will go into custody at your arraignment. A lawyer of the day should be available to help you.

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  • Can I be charged with possession of alcohol by consumption if the officer didnt give me any sobriety tests?

    I was in the back seat of a car with a sober driver and I was told to get out of the car after I told the officer I had not been drinking. He then told me he could smell alcohol on me even though there were others in the car who did admit to drink...

    Robert’s Answer

    Yes you can be charges if there is probable cause to believe you committed the crime. It would be your testimony if you testify, your friends testimony, and the officers testimony at trial. It will be up to the judge as to who they believe.

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  • What happen to you when you get your first DUI and you have a record.

    She got her first DUI here but she has been in jail for a couple time here as well, what will happen to her.

    Robert’s Answer

    A first offense OUI carries a mandatory minimum of a $500 fine plus surcharges and a 90 day loss of license. If the person refused a test then the fine is $600 plus surcharges. There is a mandatory minimum jail term of 48 hours if the person was tested as having a breath/blood test of .15 or more, was exceeding the speed limit by 30 miles per hour more, eluded or attempted to elude an officer, or had passengers under 21 years of age. There is a mandatory sentence of 96 hours if she refused a breath/blood test. The maximum sentence is 364 days and/or a $2,000 plus surcharges.

    Each case is unique and a complete sentencing analysis cannot be done without meeting with the client, reviewing their history, and reviewing the allegations. I hope this helps and wish you the best.

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  • I went down to the police station to give the police 60.00 to get my niece out for a DUI can I revoke the bond.

    Is there anyway I can revoke the bond or what ever it was and have her put back in jail.

    Robert’s Answer

    $60 is typically the bail commissioner fee. If you only paid $60 then it is likely she is out on personal recognizance bail. You would be unable to revoke bail under this situation. If the $60 is actual bail and in your name you can petition the court to return your money to you. This would mean your niece would have to post the money returned to you or return to jail. If your niece is violating her bail conditions you can call the police who might arrest her. Or you talk with her and try getting her the help she might need.

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  • I have been charged with operating without a license. Is it possible to get the criminal charge moved to a civil?

    I am a new-grad nurse with no history, and was riding my friends motorcycle, not speeding. Do you think the judge could be lenient?

    Robert’s Answer

    It is possible depending on the reason you were operating without a license and your history. You would negotiate this with a prosecutor and not the judge. My advice is to contact a qualified criminal defense attorney like myself mainecrimes.com

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  • Does my brother qualify for a court appointed criminal lawyer?

    He receives SSI and does not work. SSI is his only form of income. I believe he will lose his benefits if he stays incarcerated for more than a month or so.

    Robert’s Answer

    If he was arrested last night in Portland he will go to court on Monday at 1:00. Prior to going to court or at the courthouse, Pamela, the financial screener, will meet with your brother. He should meet the financial guidelines if his only income is SSI.

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  • In Juvenile probation, can they put you in a juvenile detention center if your parents ask them to because you were talking back

    no additional details necessary

    Robert’s Answer

    In most States they need at least probable cause to believe you committed a crime to house you in a juvenile center. Talking back is not enough. You need a good juvenile defense attorney.

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  • My brother was arrested in Maine for domestic violence assault, burglary, domestic violence threatening and criminal mischief.

    He broke into his girlfriends house and punched her in the face and head. I don't know her injuries. His bail is $10,000 cash or $20,000 surety. At his arraignment they told him he is facing 4 consecutive 5 year sentences. Will he reall...

    Robert’s Answer

    It is difficult to answer this question without knowing the strength of the prosecutions case, the facts, and complete history of your brother. However, I can offer you the following:

    Maine law provides a court “shall state in the sentence of imprisonment whether a sentence shall be served concurrently with or consecutively to any other sentence previously imposed or to another sentence imposed on the same date. The sentence shall be concurrent unless, in considering the following factors, the court decides to impose sentences consecutively: (a) that the convictions are for offenses based on different conduct or arising from different criminal episodes; (b) that the defendant was under a previously imposed suspended or unsuspended sentence and was on probation, under incarceration or on a release program at the time the person committed a subsequent offense; (c) That the defendant had been released on bail when that person committed a subsequent offense, either pending trial of a previously committed offense or pending the appeal of previous conviction; or (d) that the seriousness of the criminal conduct involved in either a single criminal episode or in multiple criminal episodes or the seriousness of the criminal record of the convicted person, or both, require a sentence of imprisonment in excess of the maximum available for the most serious offense.”

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