259 A2D 30 - Chase v. Edgar

How this case has been cited

Cited by 8 later decisions — most recently July 1997

8 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

WILLIAMSON, Chief Justice

¶1(dissenting).

¶2In my opinion the authority of the Secretary of State was limited to the suspension of the plaintiff’s license for three months under Sec. 1312-A.

¶3In State v. Bryce, Me., 243 A.2d 726, operating “under the influence” under Sec. 1312 gave way to driving while “impaired” under Sec. 1312-A. Likewise, as I see it, an attempt to operate “under the influence” must give way to an attempt to drive while “impaired” under Sec. 1312-A. I am unable to save the attempt of Sec. 1312 after the statutory offense itself has been repealed.

¶4We are not here concerned with the punishment for an attempt under the “impairment” statute. See 17 M.R.S.A. Sec. 251 limiting punishment where no express provision for attempt.

¶5It is sufficient in my opinion for suspension of the license by the Secretary of State that the defendant violated Sec. 1312-A.