[DOWNLOAD] "State v. Anderson" by Maine Supreme Judicial Court " eBook PDF Kindle ePub Free

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eBook details

• Title: State v. Anderson
• Author : Maine Supreme Judicial Court
• Release Date : January 28, 1999
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 54 KB

Description

Reporter of Decisions Argued: January 7, 1999 [§ 1] Jeffrey G. Anderson, Kevin S. Bridges, Bruce Melhorn, Suzanna M. Mercier, and Scott R. Ireland appeal from judgments entered on conditional guilty pleas pursuant to M.R. Crim. P. 11.1 The pleas preserved for appeal defendants' challenge to an order by the District Court (York, Levy. J.) denying motions to suppress the results of breath analysis tests used to charge the defendants with operating under the influence of intoxicants or with an excessive blood alcohol level, in violation of 29-A M.R.S.A. § 2411 (1996 & Supp. 1998).2 The defendants argue that the State's failure to offer and to preserve a second breath sample violates their right to due process as guaranteed by the Maine Constitution.3 Finding no violation of the defendants' due process, we affirm. [§ 2] In unrelated incidents, all of the defendants were charged with the offense of operating under the influence. Each defendant submitted to blood-alcohol testing through the Intoxilyzer 5000 (Intoxilyzer).4 None of the defendants requested that an independent breath sample be preserved; the police did not offer to preserve a second sample, and the police did not inform the defendants that they could request the preservation of a second sample. The Intoxilyzer machines were not equipped to allow preservation of a second sample, although evidence presented indicated that they could be modified to do so at a cost of $1,000 per machine.

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