State v. White
Annotate this CaseAfter a jury-waived trial, Defendant was convicted of operating under the influence of intoxicants (OUI) with one previous OUI conviction within a ten-year period. Defendant appealed, contending that the court erred in denying his motion to suppress evidence of a horizontal gaze nystagmus (HGN) test and the events that followed and in applying the corpus delicti rule as modified by Me. Rev. Stat. 29-A, 2431(4). The Supreme Court affirmed, holding (1) because Defendant was not subject to an unlawful arrest when the HGN test was administered, the trial court did not err in denying Defendant's motion to suppress; and (2 )the trial court reasonably inferred that a statement made by Defendant was an admission of driving, and the statement was sufficient to establish that Defendant operated a vehicle without further proof of corpus delicti.
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