Legal Opinion

Melevsky v. Sec'y of State

Supreme Judicial Court of Maine

Decided April 3, 2018No. Docket: Yor–17–322PublishedCited by 2 opinions

1Opinion of the CourtMead, J.

*732[¶ 1] The Secretary of State appeals from a judgment of the Superior Court (York County, Douglas, J. ) vacating the decision of the Secretary of State's Hearing Examiner that denied Walter Melevsky III's petition to rescind the administrative suspension of his driver's license. See 5 M.R.S. § 11008(1) (2017) ; 29-A M.R.S. § 2521(1), (3), (5)-(6), (8) (2017) ; M.R. Civ. P. 80C. The Secretary challenges the court's determination that as a matter of law Melevsky did not "fail[ ] to submit to and complete a test" of his blood-alcohol concentration. See 29-A M.R.S. § 2521(5), (8)(C). Because the…

2Cases cited11 opinions

  1. Birchfield v. N. Dakota. William Robert BernardSupreme Court of the United States · 2016
  2. Fallis v. Department of Motor VehiclesCalifornia Court of Appeal · 1968
  3. State v. AdamsSupreme Judicial Court of Maine · 1983
  4. State v. PineauSupreme Judicial Court of Maine · 1985
  5. State v. SchmidtSupreme Court of New Jersey · 2011

6 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Joseph L. Richard v. Secretary of StateSupreme Judicial Court of Maine · 2018
  2. Richard v. Sec'y of StateSupreme Judicial Court of Maine · 2018

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