If you weren't drunk before a accident, but crash into a tree and drink alcohol after while waiting for police and a tow truck is it still a OUI even if u crash because u where texting and driving but you where sober at the time. no cop pulled you over and u where on the side of the road for... Read more »
answered on May 24, 2023
This is a great question. The answer is no. For a DUI conviction, the person must be under the influence of alcohol at the time of driving. Many people get into an accident while sober, drive or walk home, and then consume alcohol. These people will likely be charged with DUI based on the... Read more »
My mother passed last summer. House is still in probate, but her will left it to her five adult children. Can we legally rent the house out before the title is transferred to us? If so, how do we go about setting up the rental agreement?
answered on May 22, 2023
Probably, yes; it is quite common for people to rent real estate that is in probate. The "landlord" is technically the probate estate; the person with control would be the Personal Representative (PR) of the estate. If no one has been appointed as PR of the estate, you should petition the... Read more »
answered on Apr 27, 2023
A Maine attorney could advise best, but your question remains open for two weeks. It could depend on the breadth and scope of the state's Dram Shop laws. These laws can differ from state to state. They are commonly applied in settings involving third-party victims, as in motor vehicle... Read more »
husband and brother were given land over 40 years ago. it is in unorganized territory which subsequently became indep. there is not a place in centerville to obtain land records any more. we have been to the court house and there is no record of the deed. all parties that were grantors are... Read more »
answered on Apr 19, 2023
I have no idea what County you are referring to. But if no recorded Deed is in in existence, then the heirs might make claim (possibly arguing by adverse possession) and file a Quiet Title suit with publication notice. If the Will was Probated, then the Probate Court is your source of title and... Read more »
What is the role of the common law in aviation, particularly given that the aviation industry, and pilots, are already subject to significant, specific federal regulation?
answered on Apr 17, 2023
A Maine attorney could answer best, but your question remains open for four weeks. You're right about federal regulations from agencies such as the FAA or TSA already applying. But as in other transportation sectors, there are contract, tort, and other matters involving the aviation industry... Read more »
The buyer signed a contract to make payment of equipment. He signed the contract under his name not a LLC or corp. He decided to stop making payments on the equipment and is 80k behind on payments. Can I put a lien on his personal property and home to force him to pay what he owes or do I have to... Read more »
answered on Mar 21, 2023
You will probably have to file a lawsuit. Depending on the relevant facts, however, you may be entitled to a mechanic’s lien. Maine law provides that “[w]hoever performs labor or furnishes labor or materials, . . . or performs services as a[n] . . . owner-supplier of equipment used in erecting,... Read more »
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answered on Mar 11, 2023
The legality of blood tests in alcohol-related driving offenses varies by state in the United States. In some states, there are implied consent laws that require drivers to submit to a blood test if they are suspected of driving under the influence. In other states, a warrant is required to compel... Read more »
Seams like a violation of the persons body
answered on Mar 6, 2023
With a warrant, they can.
Implied consent laws are also constitutional. For example, by law a state can make cooperating with a blood alcohol test a condition of the privilege of driving, but the penalty for a subsequent refusal is limited to the loss of the privilege.... Read more »
Seams like a violation of the persons body
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answered on Mar 11, 2023
The U.S. Supreme Court has ruled that the warrantless taking of blood for alcohol testing is permissible in certain circumstances, such as where exigent circumstances exist, such as when a delay in obtaining a warrant would result in the destruction of evidence (i.e. the dissipation of alcohol in... Read more »
Landlord has asked for more security deposit claiming we have cussed more damage than the deposits but will not provide receipts for the repairs and no repairs have been done over 100$
answered on Feb 26, 2023
The first place to look for the answer to your question is the lease – if you have one. The lease terms should address this. If the lease terms do not or if you do not have a written lease, then Pine Tree Legal has this to say: Security deposits are your money that a landlord is just holding.... Read more »
Originally arrested for aggravated assault domestic violence sexual misconduct only pled to aggravated assaults while on probation after serving sentence of 5 years all suspended but 5 months He broke. PFA and caught new charges for driving without a license habitual offense
answered on Feb 22, 2023
You can receive up to 7 days a month for good time credit. However, domestic charges, and some other charges, only allow for 5 days of good time per month. The application of good time credit is decided by the Department of Corrections, not Court. I hope this helps answer the questions.
I'm pretty sure my grandparents Forged my signature on a power of attorney and are also illegally video&audio monitoring me amongst other tracking ect... I'm 29.
I would never sign one and I have knowledge of past signature forgeries.
How do I find out if I have one... Read more »
answered on Feb 20, 2023
A power of attorney authorized another person to take action on your behalf. The person named in the POA is usually the holder and custodian of the physical instrument itself.
When third parties like banks, hospitals, etc have dealings with the person named in the POA when they are acting... Read more »
answered on Feb 19, 2023
I previously answered a very similar version of this same question and my prior answer should be helpful here. As far as your request for forms needed to sue, here is a link to the State of Maine Judicial Branch Court Forms Search web page:... Read more »
I don't want to be recorded while in the back yard. Can he be made to take it down legal and if so how do I go about doing it?
answered on Feb 17, 2023
Your question is missing a number of critical facts. Are you the landlord? Do you own the building the tenant is in? Do you also live in that building? Is it your backyard? Is the tenant putting the camera on the outside of the building?
As a general matter, the first place to look for... Read more »
Away and now I don’t know what to do. Nothing was in place no well, no nothing.
answered on Feb 17, 2023
Your mother's half of the house is now part of her probate estate, so you (or another heir) need to open probate by filing an application with the local probate court to be appointed as "Personal Representative" (PR; formerly known as "Executor") of her estate. Then, you... Read more »
As a landlord, if I ask a tenant to pay a higher monthly rent upon renewal of the lease, but I notify the tenant of my increase after the state of Maine required 45 days notice and the tenant refuses to accept my proposed increase, can I choose not to renew that lease and then find new tenants who... Read more »
answered on Jan 26, 2023
It depends on how you do it and what the terms of the current lease and your notice of rent increase provide. I would need to review the current lease and the notice of rent increase to provide you with an accurate and more complete answer. As a general matter, however, if you make it clear the... Read more »
answered on Jan 19, 2023
The eviction process in a probate case is very much like the usual eviction process, with a couple of key differences. Usually, it is the Personal Representative of the estate who stands in the shoes of the landlord. The Personal Representative gives the tenants facing eviction proper notice, and... Read more »
Unemployment runs out before I can collect social. I have no 401k or savings, I can't pay the minimums and don't know even know which debt companies are reputable? Does using a debt company prevent me from applying another recourse later?
answered on Dec 23, 2022
Several thoughts.
First - if your only income is Social Security and you have no significant assets you don't need to do anything since creditors cannot garnish SS income.
Second - I have never had a client who had anything good to say about debt consolidation companies.... Read more »
Unemployment runs out before I can collect social. I have no 401k or savings, I can't pay the minimums and don't know even know which debt companies are reputable? Does using a debt company prevent me from applying another recourse later?
answered on Dec 19, 2022
I've had several clients tell me that they've tried "debt relief" companies, but none were happy with the results (if any).
The going rate for a Chapter 7 bankruptcy filing, for attorneys fees plus court costs, is about $2,000, for a simple, straightforward case.... Read more »
answered on Dec 1, 2022
I do not believe these laws have ever been challenged in court. Since good time is determined by the Department of Corrections and not considered part of the sentence but an administrative determination by stature, the Court may not find a constitutional violation in the difference statutes. You... Read more »
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