State v. Donahue

McKUSICK, Chief Justice.

Defendant, Frank A. Donahue, Jr., appeals from his conviction in Superior Court (Somerset County), following a jury trial, for operating a motor vehicle under the influence of intoxicating liquor. 29 M.R.S.A. § 1312 (Supp.1980). The only issue we need to decide on this appeal is whether defendant’s consent to a blood test provided for by section 1312 was obtained after a valid arrest. We deny the appeal.

While driving along State Route 146 in West New Portland at about 5:30 p.m. on September 25, 1979, defendant ran his pickup truck into a bridge abutment. State Trooper…