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Q: I am thinking of purchasing a package tour to Cancun for Spring Break. Do you have any suggestions?
A: Yes. You will probably find a much more gratifying experience, both for yourself and for others, by participating in the Alternative Spring Break program. You can arrange for this by contacting Lyn M. Dexter, Coordinator for Alternative Spring Break, at the Office of Student Employment & Volunteer Programs. However, if you feel that you must go to Cancun, we advise you to talk to others who have used the same tour company about their satisfaction level. In addition, use Internet resources to check the tour company’s record. Document every promise made, and keep all written contracts, guarantees and communications. It is safest to pay with a credit card, but don’t put anything on your credit card that you can’t pay back within the next billing period. If you are dissatisfied with the tour company’s services, your own credit card company may come to your assistance. The back of your credit card should have a customer service telephone number to call in case you need to lodge a complaint and dispute the bill.
Q: A police officer charged me with drug OUI after I supposedly rolled through a flashing red light. I believe my driving was fine. My breath test was 0.0%, but I was interrogated at the police station for an hour by a cop from another city, and then told to give a urine sample. What’s going on here?
A: Maine law prohibits driving under the influence of alcohol and drugs. Breath tests may have indicated that you had not consumed any alcohol, but officers may allege that other things, such as driving through a stop light, swaying, slurring, or failing field sobriety tests, provide sufficient cause to believe that you were under the influence of drugs. Local police will sometimes call in a drug recognition technician, who is a specially trained and certified police officer, to investigate and render an opinion as to whether a suspect is under the influence of drugs. The officers may seek to obtain a urine sample from you to corroborate the technician’s opinion. You should contact an attorney to discuss filing a motion to suppress evidence, and to prepare for the possibility of trial. In these situations, courts sometimes find that officers have obtained evidence in violation of a defendant’s constitutional rights. The court may prevent the prosecution from using this evidence at trial. In addition, in the absence of empirical evidence, a drug OUI charge relies so much upon opinion evidence that it may be advisable to have a judge and/or a jury hear the case.
Q: How long will I lose my license if I am convicted of a first time OUI with a .18% test?
A: Under 29-A M.R.S.A. 2411(5), the court will suspend your license for no less than 90 days. However, the Secretary of State will suspend your license for one year, or 18 months if you had a passenger who was under 21. Keep in mind that you need not be convicted of OUI for this to happen -the Secretary of State may suspend your license based on proof of intoxication that is insufficient to sustain a conviction. You can also expect to be required to complete the DEEP course and pay a $30 reinstatement fee before your privilege to drive is restored. You may be eligible for a work-restricted license, which you may apply for at the nearest Bureau of Motor Vehicles office. For information on the DEEP course, read our column in the Sept. 23 edition of The Maine Campus. For information on OUI law, visit state.me.gov/dps/bhs/moui.htm or state.me.us/sos/bmv .
Legal Services of Student Government is provided by Curtis & Miller Law Office LLP. Legal Services is located on the lowest level of Memorial Union. They can be reached at 581-1789 or on FirstClass: Theodore Curtis or David Miller. Copyright Theodore S. Curtis Jr. and David R. Miller.
