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Bushey v. Secretary of State4/17/2003
icers arrived at the accident scene she was not moving, the officers observed her blood and matted hair on the vehicle and stated that her head had "pretty much gone through the back window". The Petitioner further notes that when the officers arrived at the hospital she was wearing a head trauma brace and that she was acting irrationally and uncontrollably. At the hearing in the matter the Petitioner also stated that she did not remember refusing the chemical test. The Petitioner argues that these facts support her contention that she did not knowingly and voluntarily refuse the chemical test.
FN2. There is not dispute as to whether the officers had probable cause, read the informed consent form, or that the Petitioner refused to submit to a chemical test.
However, the Hearing Examiner found that at the time in question medical personnel had not operated on the Petitioner, she was conscious and the staff felt she was stable enough to authorize a blood test. The Hearing Examiner further found that the officers read the implied consent form numerous times, the Petitioner stated she had not been drinking or driving and clearly refused to submit to the blood test. Her statements concerning drinking and driving indicate that the Petitioner was aware of the reasons for the test and understood what the officers were requesting. While the parties do not dispute the fact that the Petitioner suffered injuries in the accident the Hearing Officer found that the Petitioner understood the consequences of her refusal. Inconsistent evidence will not render an agency decision unsupported. Seider v. Board of Examiners of Psychologists, 2000 ME 206, 9, 762 A.2d 551. The Petitioner has not met her burden in proving that the there is no competent evidence in the record that supports DMV's decision.
THE DOCKET ENTRY IS:
The Petitioner's appeal is hereby denied.
The clerk is ordered to incorporate this decision into the docket by reference.
Page 1 2 Maine DUI Attorneys
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