Skip to main content
Wayne Rodgers Foote

Wayne Foote’s Answers

503 total

  • Is the lifetime suspension of a CDL after a second dui absolute? How about a deferred judgement on a second dui?

    Can a deferred judgement on a second dui affect a lifetime CDL suspension? I pose this question in reference to the State of Idaho but I am also interested how other states in the country deal with this.

    Wayne’s Answer

    A DUI conviction or administrative license suspension for .08% BAC or a test refusal will result in a one year CDL suspension. A second of any of these is a lifetime loss of CDL. If there is a suspension or any conviction associated with the deferred judgment it may trigger license loss. You need to talk to Idaho counsel because they will understand the workings of the Idaho deferred judgment law. If a lifetime loss is triggered, the federal regulation provide for a review and possible reinstatement after ten years.

    See question 
  • Will a Dui arrest without a conviction prevent entry into Canada?

    I was arrested for a DUI in May. I have a lawyer and and have not been convicted, but I was wondering if this will still prevent me from entering Canada while on vacation.

    Wayne’s Answer

    The answer is that it can. Also, if your license was suspended administratively by the DMV, that can be a bar to entry into Canada. There are permits you can try to obtain. You need to contact Canadian immigration counsel. Under Canadian law only an attorney licensed in Canada can help you apply for these permits.

    See question 
  • What do police officers use your license plate number for?

    I was stopped while getting my mail and the police officer read my license plate number into his radio and also my car description. I was not given a ticket, just a warning. I just want to know if I have a "record" now, or if it was just to see if...

    Wayne’s Answer

    If you were issued a warning that will show up if police stop you during the next year or so and check your history. If you have another driving issue they may issue a ticket next time since you had a warning this time. Warnings do not show up on your Maine BMV record or in the National Driver Registry. Those are the two sources your insurance company would use to check your license and driving status. So a warning should not affect your insurance.

    See question 
  • Need advice on how to handle this

    Was arrested for falling asleep in my car in a parking lot. I'm on anxiety meds generic valium actually. I rarely take them due to being addictive. I took one due to a oncoming attack 1 1mg pill. Three hours ok are after shopping I started feelin...

    Wayne’s Answer

    You need to hire experienced DUI defense counsel. Most if not all states make it a DUI offense if you are under the influence of medications, even if you are taking them according to prescription.

    See question 
  • What exactly happens if you blow under legal limit?

    Scenario: Person arrested for suspicion. (no accident, driving w/o headlights on well-lit street at night) Smell of alcohol on breath, red/glassy eyes are gist of PC. Person refuses SFST's and PBT (not required by state) but is arrested on suspici...

    Wayne’s Answer

    Many state court decisions say the officer can consider the refusal to do SFST's as part of probable cause. Driving without headlights, smell alcohol, red/glassy eyes and refusing to take SFST's would be probable cause in many states. I would be here in Maine. So at that point the officer can arrest the person and take them in for a breath test.

    When a person believed to be impaired blows a .00% the usual practice is to have a DRE evaluate the person for drugs if a DRE is available. A blood or urine test will probably be taken. There are no instant results from a blood or urine test. In some states the officer is required by law to take the person into jail. In other states it is left to the officer's discretion.

    In Maine the usual practice is to release the person on bail. This can be done by taking the person to jail and having the bail commissioner come to the jail. It can also be done by directly calling the bail commissioner to come to the police department. Sometimes there is an order not to release until the person tests under .05%. Officers can also simply issue a ticket and let the person go. The Maine State Police have their own bail forms that the person signs without the need for a bail commissioner. If a person can't make bail they might be held for a judge on the next court day.

    These practices will vary from state to state and department to department.

    See question 
  • I was pull over i was drunk and the office let me go my question is can do something like lawsuit

    Just wanted to know

    Wayne’s Answer

    What do you want to sue him for? Do you want to sue him to get someone to charge you with DUI? The best thing you can do here is learn from this. You dodged a bullet that could have cost you your license, fines, jail and attorney's fees. The next time you are DUI it could cost you your life. Take a cab next time.

    See question 
  • Is it actually better to me to refuse the breathalyzer test when being pulled over?

    I'm over 21 but was wondering if I got pulled over and I already knew that I was over the limit, should I refuse the breathalyzer test or should I take it? Which one will give me a better chance of avoiding a DWI conviction? Thanks lot

    Wayne’s Answer

    The answer is, it depends. The lack of a test usually makes a DUI easier to fight, but it does not guarantee a win. You have to weigh the consequences of refusing against the consequences of a conviction.

    Most states impose a separate suspension for refusing a test that is in addition to the suspension for a DUI conviction. For example, if you take and fail a test here in Maine on a first offense the BMV suspends your license for 150-days, regardless of whether you win or lose the criminal DUI charge. That 150 days is credited to the court suspension if you lose the DUI. You can get your license back after 30 days if you put an ignition interlock device in your car. If you refuse the test the BMV takes your license for 275 days. You then have no license for at least 180 days and may be eligible for a work license after that. If you are then convicted of the DUI a 150-day suspension is added to the refusal suspension. There is no credit against it for the refusal suspension. This means that if you lose the DUI and refused a test, you have 210 days (180 plus 30 days) with no license, 65 days with an interlock device and a work only license and 45 days with an interlock device. Usually there are mandatory jail sentences and higher fines if you are convicted of DUI and refused a test. In some states and in places like national parks, refusing is a separate crime.

    If you have one or more prior DUI convictions it may be more advantageous to refuse because in those cases the refusal suspension may be less than the DUI suspension. In Maine a second DUI is a three-year license suspension. A third is six years. In those cases the advantage of having a better chance of winning the DUI case might outweigh the refusal consequences.

    If you have a commercial driver's license refusing a test results in a suspension for one year for a first offense - exactly the same penalty you would get if you blew and failed. A second refusal or failed test is a lifetime CDL suspension.

    So the short answer is that refusing a test makes fighting the DUI easier, but the result may be more severe penalties, whether or not you are convicted of the DUI.

    See question 
  • Does a OWI conviction for an out of state driver in a non-DLC state get reported to the drivers home state?

    CA licensed driver. Charged with OWI in MI. Waiting for blood test results before getting the warrant (they will be over .08). If I am convicted will it be reported to CA? If I plea to lesser charges (OWVI) would that change anything? If I receive...

    Wayne’s Answer

    If you do not already have a DUI lawyer in MI you should get one. You need to talk to a lawyer in CA, as well. My experience with Maine drivers charged in non-Compact states is that non-Compact states usually report convictions to a person's home state. My experience with California drivers convicted here in Maine is that California will suspend upon notice of conviction. In those cases, California imposed only the license penalties - suspension, alcohol school/treatment and fees. California will not impose the criminal sanctions of jail, fines or community service. Those will be handled by Michigan.

    See question 
  • D.U.I. Citation, no previous traffic or criminal violations on record. What are the most likely outcomes (either good or bad)?

    On 9/25, 3 A.M. I totaled my car against a curb. Thankfully, no one was around & no property was damaged. I stepped out of the car, sat on a bench to call AAA when three squad cars pulled up. Asked how many drinks I had that evening to which I rep...

    Wayne’s Answer

    It is clear from the citation that you have been charged with DUI. The citation refers to section 23152 of the CA motor vehicle laws which is the DUI law. It is also clear from the citation that you tested at .08% or above, even though you were not told the test result (it says ".08 pct".) There is no way to judge the likelihood of the outcome based on the facts you listed. We just don't have enough information. You should not post more facts here because this is a public forum. Prosecutors and police read these posts, too.

    Any DUI carries the potential for jail, a fine, license suspension, increased insurance fees, adverse job consequences, international travel problems and a host of other issues. You need legal help now. You should contact an experienced DUI lawyer in your area for a case evaluation.

    See question 
  • How does a motion to suppress work?

    How does a motion to suppress work? What are the chances of a judge denying the request?

    Wayne’s Answer

    A motion to suppress is a request to the court to prohibit the state from using certain evidence. Usually the grounds for a motion to suppress are that the state violated some right guaranteed by either the state or federal constitutions. If your state constitution allows it, a motion to suppress might also be brought based on a violation of a state law instead of the constitution.

    A motion to suppress starts by the defendant filing a motion claiming a specific violation of constitutional rights. Who has to prove what then depends on the right involved. If the claim is under the fourth amendment - that you or your property were illegally seized or searched - once you establish that a search or seizure occurred the government must prove that the search was constitutionally reasonable. if it is found to be unreasonable the things evidence uncovered during the seizure or search and anything that was developed from that evidence is excluded.

    If the motion is under the Fifth Amendment claiming that your statements were involuntary the state also has the burden of proving that the statements were voluntary. An involuntary statement and evidence developed from that statement will be excluded.

    If it is a Miranda motion claiming that you were interrogated after arrest without being advised of your rights, the state must prove that you were advised of your rights or you were not interrogated after arrest. Unlike most suppression cases, Miranda violations only result in the statements that were made without advice of rights being excluded from evidence. Any evidence obtained as a result of your answers is still admissible. For example, if you tell the police where drugs are hidden and the court finds a Miranda violation, only the statement is excluded. The drugs can still be admitted into evidence at trial.

    Other constitutional grounds include Sixth Amendment right to counsel violations, and Fifth and Fourteenth amendment due process violations. A defendant has the burden of showing that the violation occurred. Once proven the court must fashion a remedy. Often this means excluding evidence.

    See question