State v. MacLean

HORNBY, Justice.

The primary issue in this ease concerns the relationship between an administrative hearing on the suspension of a driver’s license and a criminal trial for operating under the influence. We conclude that the State has no right to appeal the Secretary of State’s administrative decision and that such a decision has no res judicata or collateral estoppel effect on the criminal proceeding. Accordingly we affirm the judgment of the Superior Court (York County, IApez, J.).

The defendant was charged in the District Court with operating with excessive blood alcohol or under the…