Cote v. Secretary of State

Opinion

STATE OF MAINE SUPERIOR COURT CUMBERLAND, ss. STATE OF MAINE CIVIL ACTION Cumber,~::; ~' ·-: e-~ ·~ OFnJ>OCKET NO. AP-14-28

~ MAR L "! 2015

YVETTE COTE, Petitioner

v. f_ECE::i.VUfi9SION AND ) ORDER

SECRETARY OF STATE, )

Respondent )

After review of the record, and the briefs and arguments of counsel, the entry and order is as follows:

Petitioner did not properly preserve her present argument for appellate review by presenting the argument to the agency in the first instance. New England Whitewater Center, Inc. v. Dept. of Inland Fisheries & Wildlife, 550 A.2d56, 58 (Me. 1988). Even if she had, substantial evidence in the record supports the Hearing Examiner's conclusions that there was probable cause to believe that Petitioner operated a vehicle while under the influence of a combination of alcohol and drugs, and that she in fact operated a vehicle while under the influence of a confirmed drug. Davric Maine Corp. v. Maine Harness Racing Comm 'n., 1999 ME 99, ~ 7, 732 A.2d 289, 293; State v. Bradley, 658 A.2d 236, 237 (Me. 1995)(quoting State v. Bento, 600 A.2d 1094, 1096 (Me. 1991)).

Accordingly, the Secretary of State's decision to administratively suspend Petitioner's license for three years for operating a motor vehicle while under the influence of drugs (second offense) is AFFIRMED and the appeal is DENIED.

DATED:

AP14-0028- Google Docs https://docs.google.com/a/courts.maine.gov/document/d/lmDDM ...

JUSTICE COLE

Date Filed: 05/23/2014 CUMBERLAND Docket No. AP14-0028 COUNTY

Action: SOC

YVETTE M COTE DEPARTMENT OF THE SECRETARY OF STATE BUREAU OF MOTOR VEHICLES

vs.

Plaintiff's Attorney Defendant's Attorney

ANTHONY J SINENI, Ill ESQ DONALD MACOMBER AAG 701CONGRESSSTREET 6 STATE HOUSE STATION PORTLAND, ME 04101 AUGUSTA ME 04333

WHITNEY J HAYRE ESQ (WITHDRAWN)

701 CONGRESS STREET

PORTLAND ME 04101