192 A.3d 611
Me.2018Background
- In July 2014 Richard's car crossed the center line in Brewer, colliding with an oncoming vehicle; two of his three passengers died.
- Secretary of State notified Richard in May 2016 that his driver's license would be suspended for three years under 29-A M.R.S. § 2458(2-A) for negligently operating a vehicle that caused death; Richard requested a hearing.
- At the administrative hearing Richard testified he did not remember the crash and suggested a cardiac event; medical evidence did not reliably support that claim.
- The Hearing Examiner found Richard fell asleep while driving, was negligent for choosing to continue driving despite tiredness, and upheld the three-year suspension.
- Richard sought judicial review in Superior Court, which affirmed; he appealed, arguing (1) the statute is punitive so a higher burden of proof applies, and (2) the negligence finding lacked substantial evidence.
Issues
| Issue | Richard's Argument | Secretary of State's Argument | Held |
|---|---|---|---|
| Whether 29-A M.R.S. § 2458(2-A) is punitive, requiring a higher standard of proof | Section is punitive; requires clear and convincing or beyond a reasonable doubt standard | Statute is civil and administrative; preponderance of the evidence applies per § 2484(3) | Not punitive; preponderance standard applies |
| Whether substantial evidence supports finding of negligent operation (fell asleep) | Record insufficient to prove negligence; cardiac event could excuse conduct | Record shows multiple admissions of dozing off, no adequate evidence of cardiac excuse; falling asleep is evidence of negligence | Substantial evidence supports negligence finding |
Key Cases Cited
- State v. Anton, 463 A.2d 703 (Me. 1983) (framework for determining whether statutory scheme is criminal or civil)
- Kennedy v. Mendoza-Martinez, 372 U.S. 144 (1963) (factors for assessing punitive nature of civil sanctions)
- State v. Savard, 659 A.2d 1265 (Me. 1995) (driver license revocation characterized as nonpunitive, public safety rationale)
- Gendron v. Gendron, 69 A.2d 668 (Me. 1949) (falling asleep while driving gives rise to inference of negligence)
- State v. Letalien, 985 A.2d 4 (Me. 2009) (reasonableness of regulatory suspensions in relation to public safety)
- Melevsky v. Sec'y of State, 182 A.3d 731 (Me. 2018) (standard of appellate review of administrative decisions)
- Osprey Family Tr. v. Town of Owls Head, 141 A.3d 1114 (Me. 2016) (definition of substantial evidence)
- Rangeley Crossroads Coal. v. Land Use Regulation Comm'n, 955 A.2d 223 (Me. 2008) (review of administrative factfinding)