Maine Drunk Driving Case Law
Please find, below, selected case laws decided by Supreme Court of Maine or Court of Appeals of Maine where the terms dui, dwi, drunk driving, or driving under the influence has been mentioned. These cases are not necessarily criminal cases and may include cases where the facts or court decision merely mentions drunk driving related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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MARINO v. SECRETARY OF STATE - 6/13/1991
Michael J. Marino appeals from a order entered by the Superior Court (Aroostook County, Pierson, J.) denying his appeal of a decision by the Chief Hearing Examiner of the Secretary of State's Division of Motor Vehicles (Hearing...
STATE v. BENNETT - 5/31/1991
Defendant James Bennett appeals the sentences imposed by the Superior Court (Cumberland County, Cole, J.) for three counts of theft, Class C, 17-A M.R.S.A. § 353 (1983). Defendant argues on appeal that the court failed to promote...
STATE v. CONSTANTINE - 3/15/1991
Kirt K. Constantine appeals his sentence in the Superior Court (Kennebec County, Brody, C.J.) following his plea of guilty to vehicular manslaughter (Class B) in violation of 17-A M.R.S.A. § 203 (Supp. 1989). The court imposed the...
STATE v. PETTERSON - 11/28/1990
The Superior Court (Penobscot County, Smith J.) entered judgment on defendant Orville Patterson's conditional plea of guilty to the charge of operating a motor vehicle while an habitual offender, 29 M.R.S.A. § 2298 (Class C) (Supp....
STATE v. KALETA - 10/1/1990
Defendant James Kaleta appeals from his conviction on a conditional guilty plea of operating under the influence of intoxicating liquor, 29 M.R.S.A. § 1312-B (Supp. 1989). Specifically, he challenges the affirmance by the Superior...
DAVIS v. SECRETARY OF STATE - 7/3/1990
Norman Davis appeals the judgment of the Superior Court (Lincoln County, Bradford, J.) affirming the decision of the Secretary of State, Division of Motor Vehicles (the "Secretary"), suspending David's driver's license pursuant to 29...
KOREN v. SECRETARY OF STATE - 5/24/1990
The Secretary of State, Motor Vehicle Division (Secretary), appeals the judgment of the Superior Court (Cumberland County, Alexander, J.) reversing the decision of a hearing examiner to uphold the administrative suspension of Scott...
STATE v. JORDAN - 5/22/1990
Defendant Larry Jordan appeals his conviction of operating under the influence or with an excessive blood alcohol level, 29 M.R.S.A. § 1312 (1978 & Supp. 1989) following a jury trial in Superior Court (Penobscot County, Beaulieu,...
STATE v. ENGGASS - 3/15/1990
The State appeals pursuant to 15 M.R.S.A. § 2115-A(1) (1980) the District Court's (Rockland, O'Rourke, J.) dismissal of charges against defendant. Stephen L. Enggass, of operating a motor vehicle under the influence of alcohol (29...
STATE v. VANASSCHE - 11/29/1989
The Defendant, Paul A. Vanassche appeals from a conviction by the Superior Court (Cumberland County, Brennan, J.) for operating a motor vehicle under the influence of intoxicating liquor, in violation of 29 M.R.S.A. § 1312-B (Pamph...
STATE v. CHISHOLM - 10/18/1989
In a case arising out of an October 3, 1987 collision on Commercial Street in Portland, resulting in the death of Robert Beale, defendant Donald D. Chisholm was convicted of manslaughter, 17-A M.R.S.A. § 203(1)(A) (1983 & Supp....
STATE v. IFILL - 6/22/1989
For the first time we must decide whether the result of a breath test performed by use of an Alcohol Level Evaluation Roadside Tester (ALERT) device is admissible at trial on a charge of operating a motor vehicle while under the...
STATE v. COTE - 6/14/1989
Following a jury trial in Superior Court (Penobscot County, Pierson, J.), defendant appeals from his convictions for manslaughter, aggravated assault, operating a motor vehicle while under the influence, and operating a motor vehicle...
STATE v. MCMAHON - 4/24/1989
Margaret McMahon appeals from the judgment of the Superior Court (Penobscot County, Beaulieu, J.), entered on a jury verdict finding her guilty of operating a motor vehicle while under the influence of intoxicating liquor (OUI) or...
STATE v. HUNT - 4/5/1989
After entering a conditional guilty plea, Nathaniel W. Hunt appeals from a conviction in the Superior Court (Sagadahoc County, Cole, J.) of operating under the influence in violation of 29 M.R.S.A. § 1312-B (Pamph. 1988). On appeal he...
STATE v. DOUGHTY - 3/7/1989
After a jury trial in the Superior Court (York County; Cole, J.), Patricia Doughty was convicted of operating a motor vehicle while under the influence of intoxicating liquor (OUI), 29 M.R.S.A. § 1312-B (Pamph. 1988). Doughty raises...
CYR v. HURD - 3/1/1989
In this negligence action plaintiff Vernley Cyr appeals from a judgment for defendants Arthur Hurd and Carole Hurd entered by the Superior Court (Penobscot County; Beaulieu, J.) pursuant to a special jury verdict. On appeal to this...
STATE v. DEGEN - 12/14/1988
The defendant, James H. Degen, appeals from a judgment of the Superior Court (Androscoggin County, Delahanty II, J.) affirming his conviction in the District
Degen was stopped by Officer Michael Mathieu of the Lewiston Police...
STATE v. LEIGHTON - 12/7/1988
For the first time we here address the constitutionality of a roadblock set up by law enforcement officers to apprehend drunk drivers. At about 1:00 a.m. on Sunday, July 19, 1987, defendant Everett E. Leighton was stopped at a...
STATE v. HERBEST - 12/6/1988
The defendant, Scott Herbest, appeals his conviction of manslaughter in the death of Michael Little, 17-A M.R.S.A. § 203 (1983), following a jury trial in Superior Court (Piscataquis County; Brown, A.R.J.). We affirm the judgment. ...
BENSON v. SECRETARY OF STATE - 12/6/1988
Plaintiff Donald A. Benson appeals from a judgment of the Superior Court (Cumberland County, Broderick, J.) denying plaintiff's Petition for Review of a decision of the Secretary of State suspending plaintiff's license pursuant to 29...
STATE v. LABRECQUE - 6/30/1988
After a jury trial in Superior Court (Franklin County) defendant Katherine H. Labrecque was convicted of operating a motor vehicle with an excessive blood-alcohol level in violation of 29 M.R.S.A. § 1312-B (Supp. 1987). On her appeal...
STATE v. FALES - 5/6/1988
Having entered a conditional plea of guilty in Superior Court (Kennebec County), pursuant to M.R.Crim.P. 11(a)(2), to the charge of unlawful trafficking in Schedule "Z" Drugs in violation of 17-A M.R.S.A. § 1106 (1983 & Supp....
MANCINI v. SECRETARY OF STATE - 4/13/1988
The Secretary of State appeals from a judgment in the Superior Court, York County, granting Michael Mancini's appeal from the Secretary's decision to suspend his license. We vacate the judgment.
The relevant facts of this case...
STATE v. HAFFORD - 10/30/1987
MEMORANDUM OF DECISION.
The Defendant, Bonny Hafford, appeals from his conviction in Superior Court, Aroostook County, for operating a motor vehicle while under the influence of intoxicating liquor or with an excessive...
DODD v. SECRETARY OF STATE - 5/28/1987
The Secretary of State (Secretary) appeals from the judgment of the Superior Court, Cumberland County, vacating the decision of the Secretary suspending the driver's license of Clement Dodd pursuant to 29 M.R.S.A. § 1311-A (Supp....
STATE v. RICHFORD - 12/23/1986
The defendant appeals a decision of the Superior Court, Penobscot County, denying his appeal from a conviction in the District Court, Bangor, for operating a motor vehicle while under the influence of intoxicating liquor, 29 M.R.S.A. §...
STATE v. BURROWES - 6/18/1986
MEMORANDUM OF DECISION.
Clifton N. Burrowes, Jr. appeals from the judgment of the Superior Court, Cumberland County, affirming the judgment of the District Court, Portland, finding him guilty of operating a motor vehicle while...
STATE v. RYNE G - 5/22/1986
Ryne G. (Ryne) appeals from a judgment of the Superior Court (Penobscot County) denying his appeal from adjudications of the District Court (Bangor), sitting as the juvenile court, finding him guilty of one count of operating while...
STATE v. HARDING - 4/22/1986
Robert E. Harding appeals his conviction after a jury trial in the Superior Court, Androscoggin County, of operating a motor vehicle while under the influence of intoxicating liquor, 29 M.R.S.A. § 1312-B (Supp. 1985) and operating...
STATE v. MUDIE - 4/17/1986
Steven Mudie appeals from a judgment of the Superior Court, Somerset County, challenging the severity of the sentence and the denial of his post-judgment motion filed pursuant to M.R.Crim.P. 35. Because Mudie failed to demonstrate that...
STATE v. OSGOOD - 2/24/1986
The defendant, R. Timothy Osgood, appeals from a judgment of conviction entered by the Superior Court (Penobscot County) after a jury found him guilty of operating a motor vehicle while under the influence of intoxicating liquor in...
STATE v. BAKER - 12/24/1985
Defendant Donald W. Baker was charged by indictment returned in the Superior Court (York County) with the offenses of manslaughter, 17-A M.R.S.A. § 203(1)(A) (1983), operating under the influence of intoxicating liquor,29 M.R.S.A. §...
STATE v. YOUNG - 11/20/1985
MEMORANDUM OF DECISION.
Felix Young, Jr., appeals his conviction of operating a motor vehicle in violation of 29 M.R.S.A. § 1312-B (Supp. 1985-1986) entered after a jury-waived trial in Superior Court (York County). The sole...
STATE v. BREWER - 10/31/1985
Ricky Brewer appeals from a judgment of the Superior Court, Androscoggin County, affirming the judgment of the District Court, Livermore Falls, finding him guilty of operating a motor vehicle while under the influence of intoxicating...
MERRILL v. SECRETARY OF STATE - 7/1/1985
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...
STATE v. PICKERING - 4/25/1985
Defendant Daniel E. Pickering appeals from a judgment of the Superior Court (Cumberland County) affirming a judgment entered by the District Court upon a finding that the defendant had violated 29 M.R.S.A. § 1312-B (Supp. 1984-1985)...
STATE v. BISSON - 4/22/1985
The Defendant, Raymond M. Bisson, was convicted in Superior Court, Androscoggin County, for operating a motor vehicle while under the influence of intoxicating liquor, 29 M.R.S.A. § 1312-B. On appeal he asserts that the Superior Court...
STATE v. PINEAU - 4/8/1985
The defendant, John J. Pineau, appeals from a judgment of conviction entered by the Superior Court, Penobscot County, after a jury found him guilty of operating On appeal, the defendant challenges, inter alia, the introduction at trial...
OLIVER v. SECRETARY OF STATE - 3/26/1985
Plaintiff Glenwood Oliver appeals from a judgment of the Superior Court (Kennebec County) ruling that plaintiff was not entitled to relief on his claims under 42 U.S.C. § 1983(1982) and denying his appeal pursuant to M.R.Civ.P. 80C...
STATE v. BROWN - 3/13/1985
Robert J. Brown appeals from his conviction of operating a motor vehicle while under the influence of intoxicating liquor, 29 M.R.S.A. § 1312-B (Supp. 1984), entered after a jury trial in Superior Court, Oxford County. Brown challenges...
STATE v. LONGLEY - 11/1/1984
Facts
At approximately 9:00 p.m. on September 11, 1982, Officer Robert Gallant of the Berwick Police Department stopped an automobile on Route 9 to investigate an argument between two of its passengers, Elizabeth Reid and...
STATE v. DUNN - 9/5/1984
Thomas S. Dunn appeals from his conviction resulting from a jury trial in the Superior Court (Kennebec County) of operating a motor vehicle under the influence of intoxicating liquor in violation of 29 M.R.S.A. § 1312-B (Supp....
STATE v. JOHNSON - 8/13/1984
After a jury trial in Superior Court (Cumberland County) defendant Jeffrey Johnson was convicted of one count of manslaughter, Class C, 17-A M.R.S.A. § 203 (1983) (current version at 17-A M.R.S.A. § 203 (Supp. 1983-1984)), and two...
STATE v. DOWD - 6/4/1984
The defendant, Kirk Dowd, appeals from a judgment of the Superior Court, York County, affirming a judgment of conviction for operating an automobile while his driver's license was suspended (OAS), 29 M.R.S.A. § 2184 (Supp. 1983-1984),...
STATE v. TABER - 5/1/1984
Monique Taber appeals from her conviction of operating a motor vehicle while under the influence of intoxicating liquor 29 M.R.S.A. § 1312-13 (Supp. 1983), after a jury-waived trial in Superior
Rockport Police Officer Norman Dean...
STATE v. O'NEILL - 3/7/1984
The defendant, James O'Neill, appeals to this Court from three convictions in Superior Court (Penobscot County), two of which were for operating a motor vehicle on July 23, 1982 and December 8, 1982 respectively, while a revocation...
STATE v. LITTLE - 12/9/1983
The central issue in this appeal is the constitutionality of a field sobriety test administered to the operator of a motor vehicle.
The Defendant, Jamie R. Little, was convicted of operating while under the influence of...
ROBITAILLE v. STATE - 12/6/1983
In this appeal, petitioner, Michael G. Robitaille, seeks review of a judgment of the Superior Court, Androscoggin County, denying his petition for review of governmental action brought under M.R.Civ.P. 80B and affirming the decision of...
STATE v. MCCONVEY - 4/26/1983
The defendant, Stanley McConvey, appeals a judgment of conviction on two counts of vehicular manslaughter, Class C, 17-A M.R.S.A. § 203(3) (1983) entered after a jury trial in Superior Court, Washington County. We address the...
STATE v. JONES - 3/17/1983
After being charged with operating under the influence, 29 M.R.S.A. § 1312
(1981), the defendant filed a motion to suppress the results of his blood-alcohol test. In his motion, the defendant argued that he had the right to consult...
STATE v. ADAMS - 3/2/1983
Defendant Richard Adams was arrested on May 21, 1982, and by complaint dated May 26, 1982, was charged with violating 29 M.R.S.A. § 1312-B (Supp. 1982) for operating in the City of Brewer a motor vehicle while having 0.10% or more by...
STATE v. SMITH - 2/1/1983
After a trial in Superior Court (Penobscot County), a jury convicted the defendant of operating under the influence, 29 M.R.S.A. § 1312 (1979). The defendant received a sentence of forty-eight hours in jail and a $500 fine. We affirm. ...
STATE v. CHUBBUCK - 8/13/1982
The defendant was adjudicated in the District Court, Bath, to have committed the traffic infraction of operating under the influence of intoxicating liquor in violation of 29 M.R.S.A. § 1312-C (1981). Following an unsuccessful appeal...
STATE v. ANDERSON - 7/23/1982
The Defendant, Scott Anderson, appeals from his conviction of manslaughter, 17-A M.R.S.A. § 203(1)(A) (1980), after a jury trial in Superior Court (Cumberland County). The Defendant asserts that the Superior Court erred in denying his...
STATE v. FARNSWORTH - 7/21/1982
After a jury trial in Superior Court, Washington County, defendant Farnsworth was convicted of operating a motor vehicle on July 20, 1980, while under the influence of intoxicating liquor, 29 M.R.S.A. § 1312 (1978), as amended. We...
GIBERSON v. QUINN - 5/27/1982
The plaintiff, Linwood Giberson, appeals the decision of the Superior Court, Oxford County, denying his Rule 80B appeal. Giberson asserts that the Superior Court erred in ruling that the statutory time limit for filing a request for a...
STATE v. BEAN - 6/18/1981
Defendant Reginald Bean appeals from his conviction, after a jury trial in Superior Court, for operating a motor vehicle while under the influence of intoxicating liquor in violation of 29 M.R.S.A. § 1312 (Supp. 1980-81). On appeal...
STATE v. LANDRY - 5/1/1981
Following trial before a jury in the Superior Court (Somerset County), defendant William Landry was convicted of operating a motor vehicle under the influence of intoxicating liquor, 29 M.R.S.A. § 1312(10) (Supp. 1980), and of...
STATE v. DONAHUE - 10/9/1980
Defendant, Frank A. Donahue, Jr., appeals from his conviction in Superior Court (Somerset County), following a jury trial, for operating a motor vehicle under the influence of intoxicating liquor. 29 M.R.S.A. § 1312 (Supp. 1980). The...
BLACK v. SOLMITZ - 12/18/1979
On May 14, 1977, Ruben Solmitz, five years old, was a passenger in an automobile driven by his mother, Esther Solmitz, when that automobile collided head on with another vehicle on Route 2 near Farmington, Maine. The Solmitz vehicle...
STATE v. BARRETT - 12/12/1979
Appellant was indicted by the York County Grand Jury on a single count for violations of, alternatively, 17-A M.R.S.A. § 802(1)(A) or § 802(1)(B)(2), — arson. He
(1) whether the evidence was sufficient to support the jury's
...
STATE v. DANA - 9/19/1979
The defendant has appealed four convictions following guilty verdicts in a jury trial in which all charges had been joined.
We deny each appeal.
The defendant did not dispute the fact that he had done the physical acts...
STATE v. SUTHERBURG - 7/2/1979
On September 8, 1977, defendant Sutherburg was arrested for operating a motor vehicle while under the influence of intoxicating liquor in violation of 29 M.R.S.A. § 1312(10). After being advised of the implied consent law by the...
STATE v. DOW - 10/20/1978
of possessing fortynine short
lobsters in violation of 12 M.R.S.A. § 4451(1). Each
defendant was fined $1,135.00.
Because of the numerous questions presented, we have revised the defendants' format, and mindful of the points...
STATE v. COPELAND - 10/5/1978
Defendant Frederick Copeland appeals from a Superior Court conviction in Penobscot County for operating a motor vehicle under the influence of intoxicating liquors in violation of 29 M.R.S.A. § 1312(10). His sole ground for appeal is...
STATE v. BELLINO - 7/31/1978
James A. Bellino, the defendant, was accused of committing the offense of recklessly causing the death of Donald E. Zellers on July 13, 1975 in violation of 29 M.R.S.A. § 1315 by indictment dated October 29, 1975 which charged that ...
STATE v. MANN - 7/9/1976
Michael B. Mann, the defendant, was indicted by the Grand Jury in and for the County of Oxford at the May term, 1974, of the Superior Court for armed assault in as charged in the first count of the indictment at a jury-waived...
STATE v. MACNAMARA - 10/10/1975
Both the State and defendant agreeing thereto, a Justice of the Superior Court issued the following order:
"(TITLE OMITTED)
ORDER FOR REPORT
TO THE LAW COURT ON
AGREED FACTS
The parties, pursuant to Rule...
STATE v. CARLSON - 7/30/1973
The defendant was tried by a Justice of the Superior Court, jury waived, and found guilty of rape.
On the basis of evidence adduced at trial the Justice below could have properly found the following facts. On the evening of June...
STATE v. WARNER - 12/26/1967
"Any person who operates a vehicle with reckless disregard for
the safety of others and thereby causes the death of another
person, when the death of such person results within one year,
shall be guilty of the...
STATE v. LARRABEE - 5/20/1960
This case comes before us on report. By complaint dated March 23, 1957, Edward Larrabee was charged with operating a motor vehicle on a way in Falmouth in the County of Cumberland, on March 15, 1957, while under the influence of...
STATE v. JONES - 10/13/1954
This case is before us on respondent's exceptions to the failure of the presiding justice at nisi prius to direct a verdict for the defendant for the reason that the State had not established a corpus delicti. The facts as we...
STATE v. DEMERRITT - 12/30/1953
This is an indictment in Oxford County Superior Court for operating a motor vehicle while under the influence of intoxicating liquor. It comes to the Law Court on respondent's exceptions to the sustaining of the State's demurrer to...
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