Roberts v. State of Maine

Although I am pleased to concur in the result reached in the ably crafted majority opinion, I write separately on the due process claim.

On direct appeal, the Maine Supreme Judicial Court (“Law Court”), citing State v. Plante, 417 A.2d 991, 994 (1980) (pre-Ne-ville ), erroneously concluded that “the right to a warning of the consequences of refusing a chemical test is not one of constitutional dimensions.” State v. Roberts, 609 A.2d 702, 703 (Me.1992).3 The district court below likewise erred in ruling that a “requirement that a driver submit to a chemical test does not implicate the due…