NICHOLS, Justice.
In this, the first operating-under-the-influence case involving a moped to reach us, it was alleged that the Defendant, Andrew J. Senko, on August 21, 1982, at South Portland, had operated a motor vehicle while under the influence of intoxicating liquor; and the parties had stipulated that the vehicle then and there operated was a moped.
When the District Court (Ninth District, Portland) granted the Defendant's pre-trial motion to dismiss...
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