Dodd v. Secretary of State
| Decision Date | 28 May 1987 |
| Citation | 526 A.2d 583 |
| Parties | Clement DODD v. SECRETARY OF STATE. |
| Court | Maine Supreme Court |
Kevin Libby, Brett D. Baber (orally), Monaghan, Leahy, Hochadel & Libby, Portland, for plaintiff.
James E. Tierney, Atty. Gen., James P. Howaniec (orally), Asst. Atty. Gen., Augusta, for defendant.
Before McKUSICK, C.J., and NICHOLS, ROBERTS, WATHEN, GLASSMAN, SCOLNIK and CLIFFORD, JJ.
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.1986). Because we conclude there is substantial evidence in the record to support the decision of the Secretary, we vacate the judgment of the Superior Court and affirm the decision of the Secretary.
Clement Dodd was arrested for operating a motor vehicle while under the influence of intoxicating liquor. A certified technician took two samples of his blood. One sample was given to Demers Laboratory, a state certified laboratory. The other sample was given to Dodd. Based upon the testimony of the arresting officer and a test result of 0.11 percent blood-alcohol content certified by Demers Laboratory pursuant to 29 M.R.S.A. §§ 1312(6) and (8) (Supp.1986), Dodd's driver's license was suspended pursuant to 29 M.R.S.A. § 1311-A(2)(A). This suspension was reaffirmed after a hearing pursuant to section 1311-A(7) and (8). At the request of Dodd, the hearing was reopened to consider the introduction of the additional evidence of a report by a New Jersey laboratory stating that the blood tested by it had a 0.089 percent blood-alcohol content. After the hearing, the Secretary issued a decision upholding the prior decision to suspend Dodd's license and Dodd sought review by the Superior Court. The court held the evidence did not substantially support the decision of the Secretary and entered a judgment vacating the decision, and the Secretary appeals.
29 M.R.S.A. § 1311-A(8)(B) sets forth the issues to be determined by the Secretary of State at a license suspension hearing as follows:
The scope of the hearing shall include whether, by a preponderance of the evidence:
(1) There was probable cause to believe that the person was operating or attempting to operate a motor vehicle while having 0.10% or more by weight of alcohol in his blood;
(2) The person operated or attempted to operate a motor vehicle; and
(3) At the time the person had 0.10% or more by weight of alcohol in his blood.
At the reopened hearing the issue was limited to whether Dodd's blood-alcohol level equalled or exceeded 0.10 percent. In confirming that Dodd's blood-alcohol content equalled or exceeded 0.10 percent the hearing examiner found, inter alia, that Dodd had not introduced any evidence that the Demers Laboratory test result was in fact unreliable.
"In reviewing factual findings of the Secretary of State we...
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