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Wayne Rodgers Foote
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Wayne Foote’s Answers

485 total


  • Minor in Consumption of Liquor, should I plead Guilty or Not Guilty?

    I was charged with Minor in Consumption of Alcohol/Liquor at a house party in Maine. I am an 18 year old female, as well as I attend college out of state. I am worried about financial aid penalties if I plead "guilty" in court. What generally happ...

    Wayne’s Answer

    Minor in Possession by Consumption is not a criminal offense in Maine. It is a civil offense. You will not be called upon to plead "guilty" or "not guilty." You will be asked whether you "admit" or "deny" the charge. For a first offense the penalty is $200 to $500 and the judge can (but is not required to) suspend your license for 30 days. Usually, this charge has no effect on financial aid. If, however, it was at a school event or on campus, there may be campus disciplinary actions if it was at your school. (I don't think it was because you said you go to school out of state.) I suggest you talk to the student legal assistance office at your college to make sure that it won't affect financial aid where you go to school. Hiring a lawyer may make it easier for you.

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  • Civil charge marijuana, Arrested before I got my medical marijuana card

    I was arrested for possession of marijuana a few months ago, and have since received my medical marijuana card. I can't afford the $300 dollar fee, (broke college student) and no place will give me opportunities for community service due to this b...

    Wayne’s Answer

    This is a serious problem for a college student. A drug possession charge, even a civil charge like a Maine marijuana possession charge, can affect your ability to get federal student aid. You should have an attorney help you with this. if it can be changed to a drug paraphernalia charge or a similar charge, the student aid consequences go away. The court will not appoint an attorney because there is no danger you will go to jail. Try to get your family or someone to help you hire an attorney.

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  • Is it possible to expunge an old criminal conviction?

    I have an old criminal conviction in Portland, ME for falsifying a truckers log book. I recently learned or discovered either the District Attorney or the Officer introduced falsified evidence in the form of a toll receipt that did not belong to ...

    Wayne’s Answer

    Unfortunately, Maine does not allow criminal records to be expunged. The only alternatives would be to appeal or bring a post-conviction action.

    When you say an old conviction where false evidence was introduced, I assume you mean you were convicted several years ago. If this is true, there is probably nothing you can do. The deadlines for appeal or post-conviction attack ran out long ago.

    There are limits of how long after a conviction you may bring an appeal to attack the conviction. Depending upon when the conviction occurred that deadline was 30 days or 21 days. So any chance of an appeal is long gone.

    In some circumstances you can bring a post-conviction action to attack a conviction. I think it is unlikely that this is one of those cases because of the amount of time that passed. The deadline for challenging a misdemeanor is one year. One exception may be if you are now charged with a crime that is a felony because of the old log book conviction. I think that is unlikely.

    The reason for these time limits is that the courts do not want to be tied up in cases that are years old and already decided unless the circumstances are very serious, like a felony charge. After so many years witness memories are fading and evidence is lost. If the courts had to try everything twice they would grind to a halt.

    Even if these deadlines had not passed, you probably would have trouble attacking the conviction. The real problem with attacking the conviction now is that you say the toll receipt was "introduced" back then. If you mean it was introduced into evidence as an exhibit at your trial, the time to challenge it was at the trial. If you failed to challenge it, or if the judge or jury did not believe your challenge, no court is going to overturn that verdict. If you mean it was in the discovery documents you got from the state and it was false, you needed to take the case to trial then to challenge it.

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  • Are ramblings of an intoxicated mad man cause for search? Can closed box/bag/drawers be opened or is it a plain-view search?

    While watching our nephew, whose parents were fighting. The father, J, began making outrageous claims about us because he was arrested for entering the house and grabbing his boy when he was told the night before to stay away by an officer. ...

    Wayne’s Answer

    It sounds like both you and your father-in-law both gave written consent to search. The fact that you now are unhappy with the result doesn't change that problem. You both signed papers allowing the search. The scope of the search (closed boxes and bags) is directly tied to the permission you gave. Since we don't know what the papers you signed said, there is no way to ell whether the scope of the search was too broad. Maybe you can fight this now, but you will need to hire a lawyer to do so. In the future the best policy for anyone is to not sign anything they don't fully understand, and when police ask to search something just say "no."

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  • What options to enter Canada with DUI? Heard have to wait for 10 years to get and file a governor's pardon document?

    Went through the DUI class, paid all fines/fees. 3yr. probation was due this month April. Permanent resident card. Reside in Washington state. Can't get US Citizenship due to the DUI.

    Wayne’s Answer

    Take a look at my Avvo article on this subject at

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  • Is there any way to avoid from having my RI license suspended for a MA DUI? Any way we can avoid the registry from finding out?

    It's a first offense and I can't lose my license in RI.. I work there.

    Wayne’s Answer

    You need to win the MA DUI. Hire experienced MA DUI counsel and fight it. If you are convicted MA will report the conviction to RI and RI will suspend your license as if the DUI happened in RI.

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  • What's going to be the cost of a lawyer for me on a 3 oas within a year an second within 7 months

    Priours OUI/speeding/criminal speeding/ eluding an officer all Priours over 7 years ago

    Wayne’s Answer

    That will depend on the facts of your case. The best way to find out for sure is to talk to a lawyer and go over the case details. You should not do that here, on a public internet board. Talking about case details here could help convict you. Most attorneys offer a free or low cost consultation. You should contact a lawyer as soon as possible.

    Good luck.

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  • 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

    2 priour oas 1 oui six years or more ago couple criminal speeding tickets couple speeding tickets eluding an officer ticket couple no insurance fines

    Wayne’s Answer

    Attorney Folsom is correct. You are facing serious consequences upon conviction. Given your record I am surprised that you are not already a habitual offender. If you are a habitual offender this charge will not be a misdemeanor OAS. It will be a felony OAR. As Mr. Folsom said, the minimum penalty for OAR is six months or more in jail or prison. You need a lawyer.

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  • Can I fight the IL SOS for a suspension instead of a revocation? I am a first time DUI offender (in NY w/ expired IL license)

    I was convicted with a DWaI in NY where I live. But my problem here is that my license has been revoked (as in IL has put a national hold on DMV registry) even after all of the court, state and DMV reinstatement fee and finishing out my NY suspens...

    Wayne’s Answer

    Illinois can and did revoke you license/driving privileges in IL for the NY conviction under the interstate driver license compact. Whether IL had the authority to do so when you no longer held an IL license must be decided in the IL courts. I expect the time you have to appeal that to court in IL may be limited. In Maine you would have 30 days from receiving the notice of revocation.

    If your deadline to appeal has gone by you will probably need to satisfy IL's reinstoration requirements before any state will issue you a license. IL has particularly difficult requirements, perhaps the worst in the country.

    In either case you will need to hire an IL DUI lawyer to help you. Do it now.

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  • Will I have trouble flying from MD to FL with a dismissed DUI on the record?

    Can I fly throughout the USA with it still on my record?

    Wayne’s Answer

    No, unless you happen to be flying the commercial aircraft on which you are traveling. For pilots an administrative suspension can cause problems even if the DUI is dismissed.

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