State v. Shellhammer

NICHOLS, Justice.

In a prosecution for operating a motor vehicle while under the influence of intoxicating liquor, the State appeals from an order of the District Court (Bangor) denying its motion in limine to establish the admissibility of the Defendant’s statement that he was the operator of the vehicle in question. The State argues that the District Court ruled as it did on the erroneous conclusion that 29 M.R.S.A. § 1312(8-A) (Supp.1987) is unconstitutional.

We agree that it was error and we vacate the order of the District Court.

In the late evening of August 23, 1987, the State Police…