State v. Foley

WERNICK, Justice.

Charged with having operated a motor vehicle while under the influence of intoxicating liquor (29 M.R.S.A. § 1312-A), defendant John E. Foley was on trial before a jury when, on July 17, 1975, the presiding Justice declared a mistrial. Then, on July 30, all parties agreeing and having stipulated the facts, the presiding Justice ordered the case reported (Rule 37A M.R. Crim.P.) for this Court’s decision of issues pertaining to Maine’s so-called “implied consent” law (29 M.R.S.A. § 1312).

The facts are these.

After arresting defendant for operating a motor vehicle while under the…