LD 1920
pg. 34
Page 33 of 234 An Act To Revise the Fish and Wildlife Laws To Complement the Recodification of... Page 35 of 234
Download Bill Text
LR 2679
Item 1

 
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.

 
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:

 
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:

 
(1) For a person 21 years of age or older, a blood-
alcohol level of 0.08% or more by weight; and

 
(2) For a person less than 21 years of age, any amount
of alcohol in the blood.

 
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:

 
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.

 
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:

 
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


Page 33 of 234 Top of Page Page 35 of 234