Maine § 29-A §2453-A Suspension on administrative determination; operating under the influence of drugs

Maine Statutes

§ 29-A §2453-A — Suspension on administrative determination; operating under the influence of drugs

Maine·Title 29-A MOTOR VEHICLES AND TRAFFIC·Ch. 23 MAJOR OFFENSES - SUSPENSION AND REVOCATION

1.Purpose. The purpose of this section is:

2.Report of drug recognition expert. A drug recognition expert certified in accordance with section 2526 who has probable cause to believe that a person was operating a motor vehicle under the influence of a specific category of drug, a combination of specific categories of drugs or a combination of alcohol and one or more specific categories of drugs shall send to the Secretary of State a report, under oath on a form approved by the Secretary of State, of all relevant information, including, but not limited to, the following:

3.Drug test. The person who analyzed the drug or its metabolite in the blood or urine of the person who is the subject of the drug recognition expert's report under subsection 2 shall send a copy of a confirmed positive t

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1.
Purpose.
The purpose of this section is:
2.
Report of drug recognition expert.
A drug recognition expert certified in accordance with section 2526 who has probable cause to believe that a person was operating a motor vehicle under the influence of a specific category of drug, a combination of specific categories of drugs or a combination of alcohol and one or more specific categories of drugs shall send to the Secretary of State a report, under oath on a form approved by the Secretary of State, of all relevant information, including, but not limited to, the following:
3.
Drug test.
The person who analyzed the drug or its metabolite in the blood or urine of the person who is the subject of the drug recognition expert's report under subsection 2 shall send a copy of a confirmed positive test result certificate to the Secretary of State.
4.
Suspension.
The Secretary of State shall immediately suspend a license of a person determined to have operated a motor vehicle under the influence of drugs.
5.
Period of suspension.
The following periods of suspension apply.
6.
Stay of suspension.
If, within 10 days from the effective date of the suspension, the Secretary of State receives a request in writing for a hearing in accordance with section 2483, the suspension is stayed until a hearing is held and a decision is issued.
7.
Hearing.
The scope of the hearing must include whether:
8.
Restoration of license.
Restoration of any license or permit to operate, right to operate a motor vehicle and right to apply for or obtain a license suspended under this section must be in accordance with sections 2502 to 2506.

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