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Wayne Rodgers Foote

Wayne Foote’s Answers

485 total

  • Should my dui case be thrown out because of abuse of power and witch hunting?

    I stopped and proceeded at a red light a policeman was behind me he pulled me over, and 2 more police cars pulled soon as I stopped he drew his gun and shouted do not move or I will shoot you. Then gave a breathalyzer 0% alcohol then gave m...

    Wayne’s Answer

    I do not see an abuse of power that would result in a dismissal. I am not sure what you mean by witch hunting. If you mean profiling, illegal profiling must be based on a protected classification such as race, religion or similar protected grounds. Having long hair is not a protected category.

    You should consult a DUI lawyer in your area. There may be grounds to suppress evidence. You may have been illegally arrested. Maybe the blood draw was illegal. There may be other defenses. A skilled DUI lawyer can determine how to fight the case.

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  • What happens if an officer doesnt sign my underaged drinking ticket

    i was with 3 friends who all got tickets as well and the officer signed there but mine has no officer signature. can i fight it

    Wayne’s Answer

    I agree with Mr. Rioux. You can fight the ticket, but you are not going to win because the officer did not sign the ticket. The purpose of the ticket is to get you into court. The judge will allow the officer to correct the ticket. Any defense you have must be based on facts of the case - whether the state can prove you were drinking alcoholic beverages.

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  • The state dropped my dui case, but I want to know what reasons they did? My bac was over the limit

    No accident. My first offense. No property damage

    Wayne’s Answer

    Curiosity killed the cat. The best thing you can do is recognize you dodged a bullet and let it go. If you go poking around and bother the prosecutor about why the charges were dropped, someone in the DA's office may decide to reopen the case.

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  • I got a DUI 4 days ago. Will I be able to enter Canada today for a quick work trip?

    I got a DUI 4 days ago in a small town. I'm hoping to get it thrown out. I have a quick work related day trip to Canada today. Will I be denied entery?

    Wayne’s Answer

    You are barred from entering Canada while the charges are pending. If you are convicted that bar will continue for at least ten year, and perhaps longer depending on your record of other offenses. See my Avvo Guide on this issue at the link below.

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  • Five dui!!

    okay my boyfriend is now facing his fifth dui. he has one in ny, cali, Massachusetts, and the four I am not sure. but he ostensibly now facing his fifth in Indiana. what can we expect to happen. his bail is set to 750.

    Wayne’s Answer

    Much will depend upon what Indiana knows of his record, the length of lookback in Indiana, the facts of this specific case, and where he is licensed now.

    I assume from your address that he lives in Indiana. If Indiana is aware of the prior convictions he may face enhanced charges, including the possibility of a felony. My understanding is that Indiana looks back ten years. If a prior DUI conviction occurred in that time it can be counted for enhancing the charge. The penalties for enhanced charges will be longer. Also, just because a conviction is outside of the ten years does not mean a judge cannot consider it at sentencing and give a longer sentence.

    I am certain that your boyfriend is at risk of substantial jail or prison time, fines and license suspensions. He needs qualified DUI counsel immediately. He should contact a DUI lawyer and meet with that lawyer soon. Usually, a first consultation is free or for a low fee.

    Do not post case facts here. This is a public forum. Prosecutors and police read these posts. The facts should only be discussed with a lawyer.

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  • I got charged in newport tn of a dui i am innocent what do i do

    my husband and i was driving from krstals in newport he pulled me over said i was speeding my husband leaned over in front of me to driver side with alcohol on his breath they swear it was me we have pics we were at krystals that night they were ...

    Wayne’s Answer

    You need to hire a skilled DUI defense lawyer. This is not going to go away on its own.

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  • Why did cop take my blood samples with him from hospital? Why didnt they test blood there?

    After i took breathalyzer the cop wouldnt tell me what i blew. I went to hospital for blood test and the cop took samples with him?? Why didnt i get the test done right then?

    Wayne’s Answer

    The hospital did not have test equipment with enough accuracy and precision to test the blood. The blood will be sent to a lab with gas chromatography test equipment. If they bring charges, you will probably need a good DUI lawyer that has attended gas chromatography school. Be sure to tell the lawyer about the breath test. The cop may not have liked how low the breath test was reading. A low reading can only help you.

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  • Hi, my sister and I were coming home from droping my brother in law at work. When we got hit from the rear end by a drunk driver

    She then got out of the car and said I ain't paying for this. She yanked off her licence plate and left. The police arrested her that same night for a dui, turns out it was a hit run. She also had a suspended licence, she had no insurance. Anyw...

    Wayne’s Answer

    Yes, you have a case for damages including medical bills, pain, suffering, lost wages, etc. Even if the other driver does not have insurance you may be covered by an uninsured motorist policy from your own insurance (or the insurance of the driver of the car you were in.) Talk to a lawyer in your area who handles personal injury cases. They should take the case for a percentage of what you get and you will not have to pay up front.

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  • Drove sober drank soon as I arrived for 3 hours. had a dispute with my parents, they called cops, cops asked had I been drinking

    an driving. I said no. cop asked you been drinking hear..i said no. got arrested. I drank on side of road. blew .22 . parents said I mite of been there for 1 hour or 3, they didn.t know cop did ask where did you drink...I said nothing so with that...

    Wayne’s Answer

    As I understand your situation, you told the cop that you did not drink on the side of the road, even though you did. The BMV hearings Officer for Houlton is going to give that serious consideration. You may have an uphill battle at the BMV hearing.

    To keep your Class A license you have to win both the BMV hearing and the OUI. You need competent legal assistance for this case.

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  • I have pre trail for a class d felony for theft of property I am representing myself and I just want to know what might happen

    This is my first felony

    Wayne’s Answer

    It may be your first felony, but it is very serious. A felony conviction, particularly theft, will hurt you for the rest of your life if you are convicted. Besides the risk of going to prison, paying a large fine and being on probation there are many other consequences. Employers do not want to hire convicted thieves so it will be hard to get a good job. You will lose your right possess firearms or ammunition. In some states you will lose the right to vote. There are many professions - legal, medical, financial, etc. - that will be closed to you.

    If you have to ask what is going to happen you have no business representing yourself. It is extremely unlikely that you have the education, training and experience to defend yourself effectively. Defending yourself is the slow way to get convicted.

    Hire a lawyer. It may seem like a lot of money now, but the consequences of a conviction will cost you a lot more over the course of your life.

    I am not telling you this to get your business. I practice in Maine, not Arkansas. Get a lawyer. You need one.

    Wayne R. Foote, Esq.
    Board Certified OUI Defense Law Specialist
    by the National College for DUI Defense, Inc.
    Law Offices of Wayne R. Foote, PA
    344 Mt. Hope Ave
    Bangor, ME 04401
    (207) 990-5855
    (207) 990-5858 (fax)
    "Injustice anywhere is a threat to justice everywhere."  M. L. King, Jr.

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