Payson v. Secretary of State

ROBERTS, Justice.

The Secretary of State appeals from a judgment of the Superior Court (Sagadahoc County, Brodrick, J.) reversing the Secretary’s decision to suspend Matthew Payson’s conditional driver’s license pursuant to 29 M.R.S.A. § 2241-J (Pamph.1992). The Secretary of State challenges the court’s determination that there was not probable cause to believe that Payson was operating a motor vehicle with a blood-alcohol level of 0.05% or greater while driving with a conditional license. We vacate the judgment.

The administrative record establishes the following facts. At about 1:00 a.m. on…