Opinion
Civil Action AP-14-28
04-04-2015
YVETTE COTE, Petitioner v. SECRETARY OF STATE, Respondent
DECISION AND ORDER
Roland A Cole, Justice, Superior Court
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.2d289, 293; State v. Bradley, 658 A.2d 236, 237 (Me. 1995)(qnoting 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.