Maine

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• State v. Spiegel, 72 A.3d 519 (2013)
  Following a conditional guilty plea after denial of motion to suppress, defendant was convicted in the Superior Court, Hancock County, of aggravated operating after habitual offender revocation, operating after habitual offender revocation, and criminal operating under the influence (OUI). Defendant appealed. The Supreme Judicial Court held that: [1] police officer had subjective and objectively reasonable suspicion that defendant was operating automobile while under the influence of intoxicants, and [2] defendant was precluded from collaterally challenging administrative license revocation and habitual offender determination even though they were predicted on prior convictions that had been struck. Affirmed.
• Turner v. Secretary of State, 12 A.3d 1188 (2011)
  Licensee sought judicial review of suspension of commercial driver's license by the Secretary of State based in finding that licensee had operated a commercial vehicle with a blood-alcohol level in excess of 0.04%. The Superior Court, Somerset County, vacated decision. Secretary of State appealed. The Supreme Judicial Court held that officer had sufficient probable cause to require blood-alcohol test. Superior Court judgment vacated and license suspension affirmed.

Adoption of Federal Regulations

• 29-A M.R.S.A. § 1253
  • 49 CFR Part 172 Subpart F

What Constitutes a CMV

• 29-A M.R.S.A. § 1253
  • 49 CFR § 384. Definitions.
• 29-250 CMR 6.2. Definitions.
  • 49 CFR § 384. Definitions.

Major Disqualifying Offenses

• 29-A M.R.S.A. § 1253.
  • 49 CFR § 383.51 - Disqualification of Drivers.
• 29-250 CMR 6.3. Suspension on administrative determination for operating a commercial motor vehicle while having 0.04% or more by weight of alcohol in the blood.
  • 49 CFR § 383.51 - Disqualification of Drivers.
• 29-250 CMR 6.4. Suspension of commercial driver's licenses on conviction or adjudication.
  • 49 CFR § 383.51 - Disqualification of Drivers.

Major Disqualifying Offenses (Alcohol)

• 29-A M.R.S.A. § 1253
  • 49 CFR § 383.51 - Disqualification of Drivers.
  • 49 CFR § 383.72 - Implied consent to alcohol testing.
• 29-250 CMR 6.3. Suspension on administrative determination for operating a commercial motor vehicle while having 0.04% or more by weight of alcohol in the blood.
  • 49 CFR § 383.51 - Disqualification of Drivers.
  • 49 CFR § 383.72 - Implied consent to alcohol testing.
• 29-250 CMR 6.4. Suspension of commercial driver's licenses on conviction or adjudication.
  • 49 CFR § 383.51 - Disqualification of Drivers.
  • 49 CFR § 383.72 - Implied consent to alcohol testing.
• 29-A M.R.S.A. § 1253
  • 49 CFR § 392.5 - Alcohol prohibition

Major Disqualifying Offenses

• 29-A M.R.S.A. § 1253
  • 49 CFR § 383.51 (c) - Disqualification for serious traffic violations
• 29-250 CMR 6.1. Purpose.
  • 49 CFR § 383.51 - Disqualification of Drivers.

Identification of Conviction

• 29-A M.R.S.A. § 1253
  • 49 CFR § 383.5 - Definitions.
• 29-250 CMR 6.2. Definitions.
  • 49 CFR § 383.5 - Definitions.
• 29-250 CMR 6.5. Suspension of commercial driver's license on conviction or adjudication for multiple serious traffic violations.
  • 49 CFR § 383.5 - Definitions.

Masking Convictions

• 29-A M.R.S.A. § 1253
  • 49 CFR § 384.226 - Prohibition on masking convictions

10-Day Posting Requirement

• 29-A M.R.S.A. § 1253
  • 49 CFR § 383.51 - Disqualification of Drivers.
  • 49 CFR § 384.225 - CDLIS driver recordkeeping

Other CDL Provisions

• 17-A M.R.S.A. § 1101
  • 21 CFR § 1308 (Schedules I-V) - Schedule of Controlled Substances
• 29-A M.R.S.A. § 1253
  • 49 CFR § 384.210 - Limitation on licensing