STATE v. CHUBBUCK


449 A.2d 347 (1982)

STATE of Maine v. Kenneth CHUBBUCK.

Supreme Judicial Court of Maine.

Decided August 13, 1982.


Attorney(s) appearing for the Case

Wayne S. Moss (orally), Asst. Atty. Gen., Augusta, for the State.

Day & Hoch, Theodore K. Hoch (orally), Bath, for defendant.

Before McKUSICK, C. J., NICHOLS, CARTER, VIOLETTE and WATHEN, JJ., and DUFRESNE, A. R. J.


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...

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