| Test results may not be excluded as evidence in any proceeding | before any administrative officer or court of this State as a | result of the failure of the law enforcement officer to comply | with these prerequisites. The only effects of the failure of the | officer to comply with the prerequisites are as provided in | subsection 7. |
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| | Sec. 80. 12 MRSA §10703, sub-§4, ¶C, as enacted by PL 2003, c. 414, Pt. | A, §2 and affected by Pt. D, §7, is amended to read: |
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| C. For purposes of evidence in proceedings other than those | arising under section 10701, subsection 1 1-A, it is | presumed that a person was under the influence of | intoxicating liquor when that person has: |
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| (1) For a person 21 years of age or older, a blood- | alcohol level of 0.08% or more by weight; and |
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| (2) For a person less than 21 years of age, any amount | of alcohol in the blood. |
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| | Sec. 81. 12 MRSA §10703, sub-§8, as enacted by PL 2003, c. 414, Pt. A, | §2 and affected by Pt. D, §7, is amended to read: |
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| | 8. Statements by accused. Any statement by a defendant that | the defendant was the operator of a watercraft, snowmobile or ATV | that the defendant is accused of operating in violation of | section 10701, subsection 1 1-A is admissible if it was made | voluntarily and is otherwise admissible under the United States | Constitution or the Constitution of Maine. The statement may | constitute sufficient proof by itself, without further proof of | corpus delicti, that the watercraft, snowmobile or ATV was | operated by the defendant. Any statement by a defendant that the | defendant was hunting wild animals or wild birds is admissible | against a defendant accused of hunting wild animals or wild birds | in violation of section 10701, subsection 1 1-A if the statement | was made voluntarily and is otherwise admissible under the United | States Constitution or the Constitution of Maine. The statement | may constitute sufficient proof by itself, without further proof | of corpus delicti, that the defendant was hunting wild animals or | wild birds. |
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| | Sec. 82. 12 MRSA §10703, sub-§10, ¶A, as enacted by PL 2003, c. 414, | Pt. A, §2 and affected by Pt. D, §7, is amended to read: |
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| A. After a person has been charged with hunting wild animals or | wild birds or with operating or attempting to operate a | watercraft, snowmobile or ATV while under the influence of | intoxicating liquor or drugs or with an |
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