Cote V. Secretary of State

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STATE OF MAINE CUMBERLAND, ss. YVETTE COTE, Petitioner v. SECRETARY OF STATE, Respondent SUPERIOR COURT STATE OF MAINE CIVIL ACTION Cumber,~::; ~' ·-: e-~ ·~ OFnJ>OCKET NO. AP-14-28 ~ MAR L "! 2015 f_ECE::i.VUfi9SION AND ) ORDER ) ) After review of the record, and the briefs and arguments of counsel, the entry and order is as follows: Petitioner did not properly preserve her present argument for appellate review by presenting the argument to the agency in the first instance. New England Whitewater Center, Inc. v. Dept. of Inland Fisheries & Wildlife, 550 A.2d56, 58 (Me. 1988). Even if she had, substantial evidence in the record supports the Hearing Examiner's conclusions that there was probable cause to believe that Petitioner operated a vehicle while under the influence of a combination of alcohol and drugs, and that she in fact operated a vehicle while under the influence of a confirmed drug. Davric Maine Corp. v. Maine Harness Racing Comm 'n., 1999 ME 99, ~ 7, 732 A.2d 289, 293; State v. Bradley, 658 A.2d 236, 237 (Me. 1995)(quoting State v. Bento, 600 A.2d 1094, 1096 (Me. 1991)). Accordingly, the Secretary of State's decision to administratively suspend Petitioner's license for three years for operating a motor vehicle while under the influence of drugs (second offense) is AFFIRMED and the appeal is DENIED. DATED: https://docs.google.com/a/courts.maine.gov/document/d/lmDDM ... AP14-0028- Google Docs Date Filed: 05/23/2014 CUMBERLAND COUNTY JUSTICE COLE Docket No. AP14-0028 Action: SOC DEPARTMENT OF THE SECRETARY OF STATE BUREAU OF MOTOR VEHICLES YVETTE M COTE vs. Plaintiff's Attorney ANTHONY J SINENI, Ill ESQ 701CONGRESSSTREET PORTLAND, ME 04101 WHITNEY J HAYRE ESQ (WITHDRAWN) 701 CONGRESS STREET PORTLAND ME 04101 Defendant's Attorney DONALD MACOMBER AAG 6 STATE HOUSE STATION AUGUSTA ME 04333

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