 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
MERRILL v. SECRETARY OF STATE7/1/1985
Donald W. Merrill appeals from judgments of the Superior Court,Kennebec County, affirming his license suspension imposed by the Secretary of State under the "Teen Drinking Law,"29 M.R.S.A. § 2241-G (Supp. 1984) and dismissing Merrill's claim for relief under 42 U.S.C. § 1983 Merrill's principal contention on appeal is that a hearing examiner improperly took "official notice" of a blood alcohol certificate. We affirm the judgments of the Superior Court.
At the hearing on March 21, 1984, a hearing examiner took "official notice" of a blood alcohol certificate in the agency's file prepared by Wayne Buck, a chemist employed by Demers Laboratory. Merrill's motion for a continuance of the hearing in order to dispute the facts officially noticed by the agency was denied by the hearing examiner. The hearing examiner ultimately found sufficient evidence to demonstrate that Merrill operated a motor vehicle with a blood alcohol content of .02 percent or more and ordered removal of the stay of suspension previously granted. Merrill then filed a petition for Rule 80C review and a verified complaint for declaratory and injunctive relief pursuant to 42 U.S.C. § 1983.After a hearing on October 16, 1984, the Superior Court, Cumberland County, denied Merrill's Rule 80C appeal. After a hearing on November 29, 1984, the Superior Court granted the State's motion to dismiss Count 2 of the complaint, the section 1983 action.
Merrill notes that 5 M.R.S.A. § 9057(2)(1979) provides that "evidence shall be admitted if it is the kind of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs." He urges that because the certificate contains no foundational prerequisites for scientific evidence of its kind, reasonable persons would not rely upon the bare statement of a chemist. We have recently held, however, that a certified blood alcohol test result is evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. See Oliver v. Secretary of State, 489 A.2d 520 (Me. 1985).
The remaining issues that Merrill raises on appeal are without merit and require no discussion.
The entry is:
Judgment affirmed.
All concurring.
Page 1 Maine DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|