Richard v. Secretary of State
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The Supreme Judicial Court affirmed the judgment of the superior court affirming the decision of the Secretary of State to impose a three-year administrative suspension of Appellant’s driver’s license based on a fatal accident that he caused.
In 2014, the vehicle Appellant was driving crossed the center line and collided with an oncoming vehicle, causing the deaths of two passengers in his vehicle. In 2016, the Secretary of State sent Appellant a notice of suspension advising him that, in accordance with Me. Rev. Stat. 29-A, 2458(2-A), his driver’s license would be suspended for three years. The Hearing Examiner upheld the suspension, finding that Appellant negligently operated a motor vehicle when he fell asleep while driving and swerved into oncoming traffic, causing the deaths of two people. The superior court affirmed. The Supreme Judicial Court affirmed, holding (1) section 2458(2-A) is not so punitive as to be a criminal prosecution and therefore does not require a higher standard of proof; and (2) there was sufficient evidence to support the three-year suspension.
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