State v. Burrowes

511 A.2d 439, 1986 Me. LEXIS 801

Opinion

MEMORANDUM OF DECISION.

Clifton N. Burrowes, Jr. appeals from the judgment of the Superior Court, Cumberland County, affirming the judgment of the District Court, Portland, • finding him guilty of operating a motor vehicle while having a blood-alcohol level ip excess of 0.10% in violation of 29 M.R.S.A. § 1312-B (Supp.1984-1985). Contrary to Burrowes’ contention, section 1312-B does not require proof of aggravating circumstances as a necessary element for conviction. See 29 M.R.S.A. § 1312-B(1) (Supp.1984-1985). Burrowes also contends the District Court erred in finding probable cause requiring him to submit to a blood-alcohol test. After a careful review of the record, we hold that the District Court properly found probable cause for the test. See State v. Smith, 379 A.2d 722, 724 (Me.1977); cfi Oliver v. Secretary of State, 489 A.2d 520, 524 (Me.1985).

The entry is:

Judgment affirmed.

All concurring.