Legal Opinion · Dissent

Dana v. Secretary of State

Supreme Judicial Court of Maine

Decided July 30, 1993Published

1Dissent

COLLINS, J.,

with whom WATHEN, C.J., joins, dissenting.

For the reasons cited by the Court, I respectfully dissent.

While I concede that the Court’s literal and formalistic reading of the pertinent statutory sections may in fact be accurate, I cannot join in the opinion that, in my view, does violence to our well-established rule of effectuating the intent of the Legislature.

The legislative intent behind the OUI statutes is apparent. The progressively longer periods of license suspension mandated by the Legislature for each additional OUI conviction graphically evince the Legislature’s intent to…

2Cases cited3 opinions

  1. State v. NilesSupreme Judicial Court of Maine · 1990
  2. Waddell v. BriggsSupreme Judicial Court of Maine · 1978
  3. Benedix v. Secretary of StateSupreme Judicial Court of Maine · 1992

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