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STATE v. LEMEUNIER-FITZGERALD

Docket: Ken-16-503.

188 A.3d 183 (2018)

2018 ME 85

STATE of Maine v. Lyanne LEMEUNIER-FITZGERALD.

Supreme Judicial Court of Maine.

Decided: July 3, 2018.

Revised: July 17, 2018.

Attorney(s) appearing for the Case

Jamesa J. Drake, Esq. , (orally), and Zachary L. Heiden, Esq. , American Civil Liberties Union of Maine Foundation, Portland, and Darrick X. Banda, Esq. , Law Offices of Ronald W. Bourget, Augusta, for appellant Lyanne Lemunier-Fitzgerald

Maeghan Maloney , District Attorney, and Kate E. Marshall , Asst. Dist. Atty. (orally), Prosecutorial District IV, Augusta, for appellee State of Maine.

Tyler J. Smith, Esq. , Libby O'Brien Kingsley & Champion, LLC, Kennebunk, for amicus curiae Maine Association of Criminal Defense Attorneys.

Janet T. Mills , Attorney General, and Donald W. Macomber , Asst. Atty. Gen., Department of the Attorney General, Augusta, for amicus curiae Department of the Attorney General.

Dissent: HJELM, J.

[¶ 1] This appeal requires us to determine whether evidence obtained from a warrantless blood-alcohol test, taken upon probable cause to believe that a driver's ability to operate a motor vehicle was impaired by intoxicants, falls within the consent exception to the warrant requirement if the suspect agrees to the blood draw following...

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