Case Results
Not Guilty Verdict!
2/4/2010
Case Type: OUI/DUI
Background:
-Portland, Maine
Today the jury returned a verdict of not guilty in an OUI/DUI trial. My client was stopped for speeding. The Deputy testified at trial that he observed my client to be extremely drunk. He claimed his speech was slow, that he was avoidant with him and smelled a strong odor of alcohol on his breath. He also said my client told him that he drank 3 beers and was a 3 on a scale from 1-10 (with 10 being fall down drunk and 1 being no beers sober). In light of these facts he requested that my client exit his vehicle. The officer claims that my client was extremely off-balance when he got out of his vehicle and that my client failed the field sobriety tests. My client refused to take a test explaining to the officer that was not drunk and that he did not trust the machine. At one point in the trial the officer blurted out that he was right 99.9% of the time when he pulled someone over for OUI/DUI and they failed the field sobriety tests. Well, he was wrong this time because the jury found my client not guilty.
OUI/DUI Client Pleas to a Lesser Charge
11/23/2009
Case Type: OUI/DUI
Background:
-Portland, Maine
Sometimes, maybe even oftentimes, are results are noteworthy, but the story is not particularly interesting. Our client, who lives on the west coast, was traveling in Maine this summer. Unfortunately, our client pulled out from an intersection, cutting off a police cruiser who happened to be passing by and had to swerve to avoid her. Of course our client was pulled over, tested, and arrested on suspicion of OUI/DUI. The result of the Intoxilyzer test showed her BAC to be a .12%. No accidents, no constitutional violations by the officer, no dubious test results, in short - no fancy stories attached to this one.
Suppression Motion Granted - OUI Dismissed
11/2/2009
Case Type: OUI
Background:
On April 12, 2009 our client was driving in South Portland at 1 am in the morning when his vehicle caught the officer’s attention. The officer’s report reflected that the vehicle swerved aggressively from his lane into the breakdown lane. The officer indicates that he caught up with the vehicle and saw it swerve again into the breakdown lane. The officer felt compelled to stop the vehicle given his unsafe driving. The officer further indicated that our client failed the field sobriety tests miserably.
The judge saw it differently after cross examination. Attorney Whipple was able to show from the police cruiser video tape of the stop that the vehicle never swerved as the officer indicated. Furthermore, Whipple argued that the fact that our client drifted into the fog line on one occasion was not enough to stop him. The defendant’s motion to suppress and dismiss was granted by the judge. The judge was conflicted as the video tape was grainy and hard to see so Whipple went through the stop piece by piece showing the judge how the officer exaggerated each aspect of the case to get to his conclusion that our client should be arrested for OUI.
Not Guilty! OUI Jury Trial
9/16/2009
Case Type: OUI
Background:
Advantageous OUI/DUI plea bargain
8/17/2009
Case Type: OUI/DUI
Background:
-South Paris, Maine
Client was charged with a 1st Offense OUI. After being stopped for speeding the officer suspected he was drinking because he smelled stale alcohol in the vehicle, saw a cooler of beer and the client was "terse" and "flush" in the face. The officer removed the client from the vehicle and demanded he perform field sobriety tests. Upon completion of the tests the client was arrested and brought to the local PD for a test. He blew a .18% BAC.
The bad news is yet to come. The State filed a motion to amend the case to allege a second offense OUI because of a qualifying out-of-state conviction. A conviction now would destroy the client’s career and result in a 3 year driver's license suspension in Maine and the home state.
19 Year Old OUI/DUI Dismissed
8/4/2009
Case Type: OUI/DUI
Background:
-Bangor, Maine
A Client who lives in Michigan was visiting Maine while in college nearly 19 years ago. While here she was arrested for OUI. Client appeared for court; however, missed the trial date as Client returned home leaving the whole mess behind. About a year ago the client received a notice that the license in Client’s home state was suspended. Client had no choice but to contact a lawyer and fight the case in Maine.
Large Settlement of Medical Malpractice Claim
7/1/2009
Case Type: Medical Malpractice
Background:
- Maine
Today Attorneys Hallett & Weyrens conducted a successful pre-suit mediation in a Medical Malpractice action involving the failure of a Doctor to identify a medical problem which was plainly evident on photographs available to that Doctor. The result of this failure, which, if it had been identified would have been repairable, was catastrophic to the Client's health.
Serious Felony Drug Trafficking Case Dismissed
6/3/2009
Case Type: Felony Drug or Narcotics
Background:
Portland, Maine
A State Drug Prosecutor today agreed to dismiss Felony Aggravated Cocaine Trafficking charges against a client of The Hallett Law Firm. The dismissal came in the middle of a multiple day suppression hearing at which Attorneys Tom Hallett and David Weyrens challenged the seizure of 40+ grams of cocaine from a client following a search of his vehicle which involved at least 6 uniformed police officers from multiple departments and 4 plaincloths MDEA agents, as well as a 'drug sniffing' K9.
Attorney Hallett challenged the search as violating the client's rights under the 4th Amendment to the U.S. Constitution which prohibits unlawful searchs and seizures by the agents of the State. As the hearing progressed, serious questions emerged as to the legitimacy of the search in this case, and, as the cracks in the State's case came to light, and under pressure from the Court, the Prosecutor agreed to dismiss the case.
Had he been convicted, the client faced a minimum prison sentence of 4 years. Suffice to say the client was very pleased with the outcome.
Kidnapping Charge Dismissed Through Appeal
5/28/2009
Case Type: Post-Conviction Review/Criminal
Background:
Wiscasset, Maine - Client had pled guilty to a felony charge of kidnapping, not realizing or being advised that because the victimwas under the age of 18 (victim was 17, client was 19),he would be required by Maine State Law to register as a Sex Offender for a 10 year period, even though there was absolutely no sexual component to the actual conduct of Client. Attorney David Weyrens took the case after the client was already convicted, and had begun to serve his sentence. Through an action called Post-Conviction review, Attorney Weyrens was able to reconstruct the original plea negotiations and the sentencing, to prove to the District Attorney and the Court that Client's constitutional rights had been violated by the total failure to advise him that he would be required to register as a sex offender. Furthermore, Attorney Weyrens discovered that the Client had also been sentenced to an illegal 4 year term of probation, when the maximum period authorized by law had been 3.
Maximum Settlement in Difficult Auto Accident Case
8/15/2008
Case Type: Auto Accident/Personal Injury
Background:
- Cumberland County, Maine
Client severely injured in a car accident incurs medical bills above and beyond the limits of the insurance money available as compensation.
Trucker/Trucking Company Held to Account For Negligent Operation and Mainetenance of Tractor Trailer
1/15/2008
Case Type: Personal Injury - Commercial Motor Vehicle
Background:
-York County, Maine
Client was severely and permanently injured when her vehicle was rear-ended in a construction zone on the Maine Turnpike by a tractor trailer rig. Client's injuries had caused her to lose her job, her home, and left her in a very precarious position. Client's damages were great. Client's claim had been with another law firm for several years, and they had been unable to make any progress towards trial or settlement.
Charges Dropped in DV Assault Case
3/7/2007
Case Type: Assault - Domestic Violence
Background:
- Portland, Maine
An argument between married couple escalates and the police are called, leading to an arrest and a Assault-Domestic Violence charge. As with any assault case, the bail conditions included a 'no contact' provision, forcing one parent to live outside of the marital home, and have no contact with the children and spouse. We were involved within the first day, and, with the help of a private investigator, were able to establish the inappropriateness of the charges and present that to the district attorney within 2 days of the arrest.
Portland Man Charged with Armed Robbery
8/14/2006
Case Type: Armed Robbery
Background:
- Portland, Maine
Defendant was charged with armed robbery and shooting a Portland man in 2006. He was seen by the police leaving the area with two co-defendants only minutes after the shooting.The co-defendants he was with were identified by the victims out of a line up. Although the Defendant denied being involved in the incident to the police; a prosecution witness testified at trial that he confessed to her that he was the shooter.
OUI Trial - Not Guilty Verdict!
4/15/2006
Case Type: OUI/DUI
Background:
- Portland, Maine
Defendant was traveling back from a local night club when he rear-ended a vehicle. The police arrived shortly thereafter and found him impaired. He was slurring his speech, smelled of booze and admitted to drinking. Defendant performed standard field sobriety tests. According to the police officer he failed, in part because he did the moon walk on one of the standard field sobriety tests. He took the breath test and blew twice the legal limit.
OUI Trial - Not Guilty
2/10/2005
Case Type: OUI/DUI
Background:
- Portland, Maine
Police arrest client following the administration of an two insufficient intoxilyzer tests with results of .22, .23. Client charged with 2nd offense OUI - refusal. Case resulted in jury trial.
Hung Jury - Felony Kidnapping!
10/26/2004
Case Type: Felony/Kidnapping with Deadly Weapon
Background:
- Portland, Maine
Multiple day trial results in a hung jury. Client ends up pleading guilty to a misdemeanor charge.
15 Year Old Defendant Charged with Murder
10/15/1997
Case Type: Murder
Background:
15 Year old Defendant charged with Murder. Through aggressive pre-trial investigation, The Hallett Law Firm is not only able to develop an alternative suspect Defense, but to completely undermine the prosecution's case by destroying the credibility of their star witness.
