STATE v. DeROEHN


510 A.2d 1076 (1986)

STATE of Maine v. Gary S. DeROEHN.

Supreme Judicial Court of Maine.

Decided July 2, 1986.


Attorney(s) appearing for the Case

Janet T. Mills, (orally), Dist. Atty., Anthony Ferguson, Asst. Dist. Atty., South Paris, for plaintiff.

Berman, Simmons & Goldberg, P.A., Paul F. Macri, (orally), William D. Robitzek, Thomas J. Valvano, Lewiston, for defendant.

Before McKUSICK, C.J., and NICHOLS, ROBERTS, VIOLETTE, WATHEN and SCOLNIK, JJ.


VIOLETTE, Justice.

Defendant, Gary S. DeRoehn appeals from a judgment rendered in Superior Court, Oxford County, finding him guilty of operating a motor vehicle with excessive blood-alcohol or under the influence of intoxicating liquor, (EBA/OUI) in violation of 29 M.R.S.A. § 1312-B. The issue raised on appeal is whether, by reason of a prior adjudication for violation of 29 M.R.S.A. § 1312-C (civil OUI statute...

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