State v. Reny

ROBERTS, Justice.

In consolidated appeals the State challenges two orders of the District Court, Portland, setting aside the defendants’ civil OUI adjudications on the ground that the civil OUI statute, 29 M.R.S.A. § 1312-C (Supp.1984), was held to be unconstitutional in State v. Freeman, 487 A.2d 1175 (Me.1985). Both Donald Reny and Mark Breton were adjudicated for operating under the influence pursuant to the civil OUI statute prior to our decision in Freeman. Neither defendant appealed his conviction. Both filed motions pursuant to M.D.C. Civ.R. 60(b)(4) to vacate the adjudications after we…