Opinion
SUPERIOR COURT CIVIL ACTION DOCKET NO. AP-14-28
03-24-2015
YVETTE COTE, Petitioner v. SECRETARY OF STATE, Respondent
Plaintiff's Attorney ANTHONY J SINENI, III ESQ 701 CONGRESS STREET PORTLAND, ME 04101 WHITNEY J HAYRE ESQ (WITHDRAWN) 701 CONGRESS STREET PORTLAND ME 04101 Defendant's Attorney DONALD MACOMBER AAG 6 STATE HOUSE STATION AUGUSTA ME 04333
STATE OF MAINE
CUMBERLAND, ss.
DECISION AND ORDER
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.2d 56, 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: March 24, 2015
/s/_________
Roland A. Cole
Justice, Superior Court
Date Filed: 05/23/2014 CUMBERLAND
COUNTY
Action: 80C Plaintiff's Attorney
ANTHONY J SINENI, III ESQ
701 CONGRESS STREET
PORTLAND, ME 04101
WHITNEY J HAYRE ESQ (WITHDRAWN)
701 CONGRESS STREET
PORTLAND ME 04101
Defendant's Attorney
DONALD MACOMBER AAG
6 STATE HOUSE STATION
AUGUSTA ME 04333