192 A.3d 611
Me.2018Background
- In July 2014 Joseph L. Richard’s vehicle crossed the center line in Brewer and collided with an oncoming car; two of Richard’s three passengers died.
- The Secretary of State notified Richard in May 2016 that, under 29-A M.R.S. § 2458(2-A), his driver’s license would be suspended for three years; Richard requested a hearing.
- At the August 2016 administrative hearing Richard testified he did not remember the crash and suggested a possible cardiac event; medical records and physician testimony did not establish a causal cardiac event at the time of the crash.
- The Hearing Examiner found Richard fell asleep while driving, negligently operated the vehicle, and that his negligence caused two deaths; the Examiner upheld the three-year suspension.
- Richard sought judicial review in Superior Court under M.R. Civ. P. 80C; the court affirmed the Secretary of State’s decision, and Richard appealed to the Maine Supreme Judicial Court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 2458(2-A) is punitive such that a higher burden of proof (clear and convincing or beyond a reasonable doubt) is required | Richard: statute is punitive in purpose/effect and requires heightened standard | State: statute is civil/regulatory; administrative preponderance standard applies | Court: statute is civil/regulatory; apply preponderance of the evidence (no heightened standard) |
| Whether substantial evidence supports the Hearing Examiner’s finding of negligent operation (fell asleep) causing deaths | Richard: record insufficient to prove negligence; cardiac event may excuse conduct | State: testimony and admissions that he dozed off, and evidence that he knew he was tired, support negligence | Court: substantial evidence supports finding that Richard fell asleep and was negligent; suspension upheld |
Key Cases Cited
- Anton v. State, 463 A.2d 703 (Me. 1983) (framework for determining whether statutory sanction is punitive or civil)
- Savard v. State, 659 A.2d 1265 (Me. 1995) (driver’s license revocation is regulatory and nonpunitive; public safety rationale)
- Kennedy v. Mendoza‑Martinez, 372 U.S. 144 (1963) (nonexhaustive factors to assess whether civil sanction is punitive in effect)
- Gendron v. Gendron, 69 A.2d 668 (Me. 1949) (falling asleep while driving permits inference of negligence)
- Letalien v. State, 985 A.2d 4 (Me. 2009) (reasonableness of license revocation as regulatory measure)