Notes of Decisions
Cited in
14
cases, 1982–1986 · leading case:
State v. Freeman, 487 A.2d 1175 (Me. 1985).
State v. Freeman, 487 A.2d 1175 (Me. 1985).
· cites it 6× “10% or more by weight of alcohol in her blood or while under the influence of intoxicating liquor, 29 M.R.S.A. § 1312-C. On this appeal she asserts error in the denial of her motion for transfer, and for trial by jury.”
State v. Pickering, 462 A.2d 1151 (Me. 1983).
· cites it 6× “[9] Subsection 7 of 29 M.R.S.A. § 1312-C specifies a non-inclusive list of circumstances under which criminal prosecution may be indicated.”
State v. Chubbuck, 449 A.2d 347 (Me. 1982).
· cites it 7× “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 to the Superior Court, he appeals to this…”
Matter of Benoit, 487 A.2d 1158 (Me. 1985).
· cites it 2× “See 29 M.R.S.A. § 1312-C (Supp.1984-1985). 7 .”
State v. Reny, 511 A.2d 1066 (Me. 1986).
“In consolidated appeals the State challenges two orders of the District Court, Portland, setting aside the defendants’ civil *1067 OUI adjudications on the ground that the civil OUI statute, 29 M.R.S.A. § 1312-C (Supp.1984), was held to be unconstitutional in State v.”
State v. DeRoehn, 510 A.2d 1076 (Me. 1986).
“The issue raised on appeal is whether, by reason of a prior *1077 adjudication for violation of 29 M.R.S.A. § 1312-C (civil OUI statute), the defendant’s second prosecution under 29 M.”
State v. Kerr, 455 A.2d 425 (Me. 1982).
“Defendant appeals from the Superior Court denial of his appeal from a District Court adjudication that he committed the civil infraction of operating a motor vehicle under the influence of intoxicating liquor, 29 M.R.S.A. § 1312-C (1982). By his sole contention on appeal…”
State v. Ifill, 493 A.2d 1061 (Me. 1985).
“§ 1312-B rather than civilly under 29 M.R.S.A. § 1312-C. In light of our holding in State v.”
State v. Dowd, 478 A.2d 671 (Me. 1984).
· cites it 5× “2 Subsequently, an assistant district attorney reviewed the case, and, pursuant to 29 M.R.S.A. § 1312-C (Supp.1983-1984), 3 made an elec *674 tion to charge the defendant with a civil rather than criminal violation.”
State v. Hews, 489 A.2d 1113 (Me. 1985).
· cites it 2× “The State appeals the decision of the District Court (Waterville) dismissing for want of prosecution the civil complaint charging Scott Hews with operating under the influence in violation of 29 M.R.S.A. § 1312-C (Supp.1984-1985). Our recent decision in State v.”
State v. Fisk, 488 A.2d 156 (Me. 1985).
“Remanded to the Superior Court for entry of judgment as follows: “Judgment of the District Court vacated; remanded to the District Court with directions to enter an order dismissing the civil proceeding under 29 M.R.S.A. § 1312-C.” All concurring.”
State v. Kelly, 477 A.2d 732 (Me. 1984).
“In this civil OUI case, 29 M.R.S.A. § 1312-C (Supp.1983-1984), the record amply supports the District Court’s finding that the police officer had an articulable suspicion justifying his second investigative stop of defendant.”
— Me. Rev. Stat. tit. 29, § 1312-C(1) — 2 cases
State v. Freeman, 487 A.2d 1175 (Me. 1985).
“10% or more by weight of alcohol in her blood or while under the influence of intoxicating liquor, 29 M.R.S.A. § 1312-C. On this appeal she asserts error in the denial of her motion for transfer, and for trial by jury.”
State v. Dowd, 478 A.2d 671 (Me. 1984).
“2 Subsequently, an assistant district attorney reviewed the case, and, pursuant to 29 M.R.S.A. § 1312-C (Supp.1983-1984), 3 made an elec *674 tion to charge the defendant with a civil rather than criminal violation.”
— Me. Rev. Stat. tit. 29, § 1312-C(3) — 1 case
State v. Pickering, 462 A.2d 1151 (Me. 1983).
“[9] Subsection 7 of 29 M.R.S.A. § 1312-C specifies a non-inclusive list of circumstances under which criminal prosecution may be indicated.”
— Me. Rev. Stat. tit. 29, § 1312-C(5) — 2 cases
State v. Freeman, 487 A.2d 1175 (Me. 1985).
“10% or more by weight of alcohol in her blood or while under the influence of intoxicating liquor, 29 M.R.S.A. § 1312-C. On this appeal she asserts error in the denial of her motion for transfer, and for trial by jury.”
State v. Chubbuck, 449 A.2d 347 (Me. 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 to the Superior Court, he appeals to this…”
— Me. Rev. Stat. tit. 29, § 1312-C(5)(D) — 1 case
State v. Freeman, 487 A.2d 1175 (Me. 1985).
“10% or more by weight of alcohol in her blood or while under the influence of intoxicating liquor, 29 M.R.S.A. § 1312-C. On this appeal she asserts error in the denial of her motion for transfer, and for trial by jury.”
— Me. Rev. Stat. tit. 29, § 1312-C(7) — 3 cases
State v. Pickering, 462 A.2d 1151 (Me. 1983).
“[9] Subsection 7 of 29 M.R.S.A. § 1312-C specifies a non-inclusive list of circumstances under which criminal prosecution may be indicated.”
Matter of Benoit, 487 A.2d 1158 (Me. 1985).
“See 29 M.R.S.A. § 1312-C (Supp.1984-1985). 7 .”
State v. Chubbuck, 449 A.2d 347 (Me. 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 to the Superior Court, he appeals to this…”
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