MANCINI v. SECRETARY OF STATE


540 A.2d 117 (1988)

Michael MANCINI v. SECRETARY OF STATE.

Supreme Judicial Court of Maine.

Decided April 13, 1988.


Attorney(s) appearing for the Case

Gene R. Libby (orally), Verrill & Dana, Portland, for plaintiff.

James E. Tierney, Atty. Gen., James P. Howaniec (orally), Asst. Atty. Gen., Augusta, for defendant.

Before McKUSICK, C.J., and NICHOLS, WATHEN, GLASSMAN, SCOLNIK and CLIFFORD, JJ.


SCOLNIK, Justice.

The Secretary of State appeals from a judgment in the Superior Court, York County, granting Michael Mancini's appeal from the Secretary's decision to suspend his license. We vacate the judgment.

The relevant facts of this case are as follows. At approximately 10:30 p.m. on the evening of September 6, 1986, Trooper Robert Flint of the Maine State Police stopped a car for speeding. Mancini was the driver. Flint detected an odor of alcohol on...

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