State v. Chubbuck

CARTER, Justice.

The defendant was adjudicated in the District Court, Bath, to have committed the traffic infraction of operating under the influence of intoxicating liquor in violation of 29 M.R.S.A. § 1312-C (1981). Following an unsuccessful appeal to the Superior Court, he appeals to this Court, arguing alternatively: (1) that section 1312-C in actuality establishes a criminal offense and prescribes a criminal penalty, requiring that in this prosecution substantive and procedural rights peculiar to criminal actions be extended to him, or (2) that if the action is civil in nature, he was…