Maine Revised Statutes Title 29-A Sec. 2481 – Administrative procedures for suspension
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1. Report of officer. A law enforcement officer who has probable cause to believe a person has violated the terms of a conditional driver’s license, commercial driver’s license or provisional license or committed an OUI offense shall send to the Secretary of State a report of all relevant information, including, but not limited to, the following:
A. Information adequately identifying the person charged; [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]
B. The ground that the officer had for probable cause to believe that the person violated the terms of a conditional driver’s license, commercial driver’s license or provisional license or committed an OUI offense; [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]
C. A certificate of the results of alcohol level tests conducted on a self-contained breath-alcohol testing apparatus; and [PL 2009, c. 447, §63 (AMD).]
D. If a person fails to submit to a test, the law enforcement officer’s report may be limited to a written statement under oath stating that the officer had probable cause to believe that the person violated the terms of a conditional driver’s license, commercial driver’s license or provisional license, or committed an OUI offense and failed to submit to a test. [RR 1995, c. 2, §73 (COR).]
The report must be under oath and on a form approved by the Secretary of State.
If the alcohol level test was not analyzed by a law enforcement officer, the person who analyzed the results shall send a copy of that certificate to the Secretary of State.
[PL 2009, c. 447, §63 (AMD).]
Terms Used In Maine Revised Statutes Title 29-A Sec. 2481
- 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
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- failed to submit to a test: means failure to comply with the duty to submit to and complete a chemical test under section 2521 or 2525. See Maine Revised Statutes Title 29-A Sec. 2401
- Law enforcement officer: means a person who by virtue of public employment is vested by law with a duty to maintain public order or to make arrests for crimes, whether that duty extends to all crimes or is limited to specific crimes. See Maine Revised Statutes Title 29-A Sec. 101
- License: includes , but is not limited to, a nonresident operating privilege and the privilege of a person to apply for or obtain a license or permit to operate a motor vehicle. See Maine Revised Statutes Title 29-A Sec. 101
- Oath: A promise to tell the truth.
- Oath: includes an affirmation, when affirmation is allowed. See Maine Revised Statutes Title 1 Sec. 72
- OUI: means operating under the influence of intoxicants or with an excessive alcohol level under section 2411, 2453, 2453?A, 2454, 2456, 2457 or 2472. See Maine Revised Statutes Title 29-A Sec. 2401
- OUI offense: means an OUI conviction or suspension for failure to submit to a test. See Maine Revised Statutes Title 29-A Sec. 2401
- Person: 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
2. Time. The report must be submitted to the Secretary of State within 72 hours of the offense, excluding Saturdays, Sundays and holidays. If the report is not sent within this time period, the Secretary of State shall impose the suspension, unless the delay has prejudiced the person’s ability to prepare or participate in the hearing.
[PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]
3. Determination. The Secretary of State shall make a determination on the basis of the information required in the report.
This determination is final unless a hearing is requested and held.
If a hearing is held, the Secretary of State shall review the matter and make a final determination on the basis of evidence received at the hearing.
[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). RR 1995, c. 2, §73 (COR). PL 2009, c. 447, §63 (AMD).