Maine Revised Statutes Title 29-A Sec. 2455 – Provisions regarding revocation when homicide is alcohol or drug related
Current as of: 2023 | Check for updates
|
Other versions
1. Report by district attorney. The district attorney shall forward a report to the Secretary of State when any person is convicted of a criminal homicide or adjudicated to have committed a juvenile offense of criminal homicide as the result of that person’s operation of a motor vehicle when:
A. The person was operating under the influence of intoxicating liquor or drugs, or with an alcohol level of 0.08 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath; [PL 2009, c. 447, §50 (AMD).]
B. The person had not attained the legal drinking age and was operating a motor vehicle with an alcohol level of more than 0.00 grams per 100 milliliters of blood or 210 liters of breath; [PL 2009, c. 447, §50 (AMD).]
C. There was probable cause to believe that the person was operating under the influence of intoxicating liquor or drugs and failed to comply with that person’s duty to submit to and complete required chemical testing; or [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]
D. There was probable cause to believe that the person had not attained the legal drinking age and was operating a motor vehicle with an alcohol level of more than 0.00 grams per 100 milliliters of blood or 210 liters of breath and failed to comply with the duty to submit to and complete a test to determine alcohol level. [PL 2009, c. 447, §50 (AMD).]
[PL 2009, c. 447, §50 (AMD).]
Terms Used In Maine Revised Statutes Title 29-A Sec. 2455
- Adjudication: means a finding by a court that a person has committed a traffic infraction and includes the acceptance by the clerk of the violations bureau or any judicial division of an answer of not contested. See Maine Revised Statutes Title 29-A Sec. 101
- Alcohol level: means either grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. See Maine Revised Statutes Title 29-A Sec. 2401
- Conviction: A judgement of guilt against a criminal defendant.
- Department: means the Department of Transportation. See Maine Revised Statutes Title 29-A Sec. 101
- drugs: includes any natural or artificial chemical substance that, when taken into the human body, can impair the ability of the person to safely operate a motor vehicle. See Maine Revised Statutes Title 29-A Sec. 2401
- Motor vehicle: means a self-propelled vehicle not operated exclusively on railroad tracks, but does not include:
A. See Maine Revised Statutes Title 29-A Sec. 101Person: means an individual, corporation, firm, partnership, joint venture, association, fiduciary, trust, estate or any other legal or commercial entity. See Maine Revised Statutes Title 29-A Sec. 101 Probable cause: A reasonable ground for belief that the offender violated a specific law. test: means a test or tests used to determine alcohol level or the presence of a drug or drug metabolite by analysis of blood, breath or urine. See Maine Revised Statutes Title 29-A Sec. 2401 Vehicle: means a device for conveyance of persons or property on a way. See Maine Revised Statutes Title 29-A Sec. 101
2. Content of report. The report required in subsection 1 must contain all relevant facts that formed the basis for the conviction or adjudication, including chemical test results if available.
[PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]
3. Substance use disorder programs. Upon receipt of the report required in subsection 1, the Secretary of State shall require that the following conditions be met before that person may be licensed or permitted to operate a motor vehicle:
A. Satisfactory completion of the Driver Education and Evaluation Programs of the Department of Health and Human Services; [PL 2011, c. 657, Pt. AA, §79 (AMD).]
B. When required, satisfactory completion of a substance use disorder treatment program or rehabilitation program approved or licensed by the Department of Health and Human Services; and [PL 2017, c. 407, Pt. A, §117 (AMD).]
C. When required, attendance at an after-care program arranged by the approved treatment or rehabilitation program. [PL 2001, c. 511, §4 (AMD).]
[PL 2017, c. 407, Pt. A, §117 (AMD).]
4. Alcohol or drug programs following incarceration. Any of the alcohol or drug programs required in subsection 3 may begin only upon release from a county jail or from a facility operated by the Department of Corrections.
[PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]
SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §B5 (AFF). PL 1995, c. 645, §B20 (AMD). PL 2001, c. 511, §4 (AMD). RR 2003, c. 1, §31 (COR). PL 2003, c. 689, §B6 (REV). PL 2009, c. 447, §50 (AMD). PL 2011, c. 657, Pt. AA, §79 (AMD). PL 2017, c. 407, Pt. A, §117 (AMD).