LD 1600
pg. 83
Page 82 of 361 PUBLIC Law Chapter 414 Page 84 of 361
Download Chapter Text
LR 2121
Item 1

 
E.__If a test result is not available for a reason other than
a person's failure to comply with the duty to submit to and
complete a chemical test, the unavailability and the reason
are admissible in evidence.

 
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 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 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.

 
9.__Payment for tests.__Persons authorized to take specimens
of blood at the direction of a law enforcement officer and
persons authorized to perform chemical tests of specimens of
blood or breath must be paid from the General Fund or from
dedicated revenues of the department when a law enforcement
officer of the department authorizes the chemical tests.__The
Department of Marine Resources shall pay for chemical tests
authorized by marine patrol officers with funds available within
that department.

 
10.__Accidents and officer's duties.__The law enforcement
officer has the following duties.

 
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
excessive blood-alcohol level, the investigating or
arresting officer shall investigate to determine whether the
charged person has any previous convictions of a violation
of section 10701, subsection 1 or adjudications for failure
to comply with the duty to submit to and complete a chemical
test under section 10702, subsection 1.__As part of that
investigation, the officer shall review the records
maintained by the courts, the State Bureau of
Identification, the Secretary of State, including


Page 82 of 361 Top of Page Page 84 of 361
Related Pages
  Search Bill Text Legislative Information
Bill Directory Search
Bill
Status
Session Information
119th Legislature Bills Maine Legislature

Office of Legislative Information
100 State House Station
Augusta, ME 04333
voice: (207) 287-1692
fax: (207) 287-1580
tty: (207) 287-6826
Word Viewer for Windows Disclaimer