STATE v. MacLEAN


560 A.2d 1088 (1989)

STATE of Maine v. David A. MacLEAN.

Supreme Judicial Court of Maine.

Decided July 6, 1989.


Attorney(s) appearing for the Case

Mary Tousignant, Dist. Atty., Anne Jordan (orally), Asst. Dist. Atty., Alfred, for the State.

Daniel Warren (orally), Bean, Jones & Warren, Scarborough, for defendant.

Before McKUSICK, C.J., and WATHEN, GLASSMAN, CLIFFORD, HORNBY and COLLINS, JJ.


HORNBY, Justice.

The primary issue in this case concerns the relationship between an administrative hearing on the suspension of a driver's license and a criminal trial for operating under the influence. We conclude that the State has no right to appeal the Secretary of State's administrative decision and that such a decision has no res judicata or collateral estoppel effect on the criminal proceeding. Accordingly we affirm the judgment of the Superior Court (York...

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