| | | 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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