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.
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.
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