Chase v. Edgar, 259 A.2d 30

Chase v. Edgar

259 A.2d 30

Me.

1969

Check Treatment

*1 may authority argued be nor for- penalty sanction is M. Janet CHASE feiture, being reason outside both v. terms, being and its definition thosе EDGAR, Joseph State. T. imposed an adminis- not but Court of Maine. Judicial body, trative and civil nature. 25, within loss of license Is Apаrt from the statute? semantics, is

legal loss

layman three, penalty, all forfeiture — punishment, probably threat its

greatest deterrеnt to violation of motor laws, held, ‍‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‍but it within has been hand, of concern similar those

areas Prichard, “punishment.”

not See

supra, 395, [8, and cases [7], 17 S.E.2d 9]

cited, Parks, Connolly State ex rel. v.

Minn. 622, 273 N.W. (1937), Cowen, 1117, 231 Iowa 3 N.W.

2d (1942-dictum, as to licenses

generally). reprеsent the These cases view punish the license is not to sanction

operator, protect but to the public.

Upon interpretation imposed sanction ‍‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‍1312was implied repeal,

“saved” from its even

though repeal” “incurred before took

effect. Whether it was “incurred” at the

time of wrongful (April 15th) act liability

when act imposed, for the judgment found or entered (Sep- 11th)

tember we do here havе decide. only license sanction author

ized at the time the called to act was under § appellant’s suspend fixed was three ‍‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‍months. Carolina, Malloy South 237 U.S. 59 L.Ed. 35 S.Ct. Yuginovich, 256 U.S.

United States v. 551, 65 L.Ed. 1043. 41 S.Ct. ordered. *2 Biddeford, Intoxicating Liquor’ was Marshall, plain- fluence of for Dаvid K. by of pealed the enactment said Section tiff. 1312-A. Gen., Walker, Atty. Jr., Leon Asst. V. constitutionality of “B. The of so much Augusta, for defendant. said Section 1312 as the positon upon of J., WEB- Before sanctions C. BER, MARDEN, DUFRESNE, Operate ‘Attempting WEATH- of to While POMEROY, Influenсe’, ERBEE, assuming Under the the same JJ. not to repealed have been the enact- ment of said Section 1312-A. MARDEN, Justice. hiсle while under termine cating liquor. A fine was paid. a fense defendant’s 13121 facts to The On plea of report Statеment of attempting determine guilty, 1312-A.2 on upon April of the under an to plaintiffs Facts, convicted agreed influencе of operate 1969 29 in plaintiff, M.R.S.A. imposed and statement of abstract, de- a motor rights intoxi- upon ve- of- §§ Wurm, sidered waived. While Under to conviction for ant in his “C. ing impose Liquor’.” The The constitutional Me., argued nor statutory duty 222 capaсity license sanctions the ‘Attempting Influence of Intoxicat- E. as Borden briefed Secretary issue of the following to Co., (Point Defend- Operate Inc. con B) a at sec- enacted the 29 M.R.S.A. § April revoked 1969the defendant On Legislature, of Special ond the 1967 Session operator’s period a of for became adjourned January which years upon two based the conviction. April effective 1968.3 inconsistency of sec- urges Plaintiff the (June A.2d 726 statutes, in- tions 1312 аnd 1312-A of the 1312-A, when 25, 1968) held that Section requires the Sec- asmuch retary Section 1312 as effective, repealed рortion impliedly sanc- of State to opera- with the dealing of Section attempting greater the of tion fоr offense under while of motor vehicle tion operate operat- to than for the of offense liquor. intoxicating influence of ing, and raises three issues: 1312-A does new section said Section “A. so much of Whether im operate while attempting to deal ‘At- offense of 1312 as deals with the beverage. of alcoholic use In- Operatе Under the tempting to While 1. § 1312. when intoxicated or at hicles ing more than shall be ately by fluence of erate than shall be ceipt prisonment that, erate a motor vehicle for ords, tempt “No Jk date this section license or person $100 after without conviction to of licensed an operate punished by nor “Whoever intoxicating аttested such whose license or further more than expiration months, right vehicle has been revoked shall be revoked again a motor vehicle revocation, less copy violating to shall hearing. convicted of violаt a fine of not or operate than 10 all under $1,000, of one of the court permitted operate years, both. this section year motor may peti- or days * upon immedi * * except or to to * * ^[*] * from rec less nor im op- ve rе in at * * * 3.By 2.§ lating ticle after vehicles “The ties to tion State or months * * permit, * * drive Mi the terms of IY, the recess upon while impaired, of shall take Part immediately by any records, section “It receipt ^[*] * * motor is unlawful person right Maine Constitution ‍‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‍however effect shall of an attested without of ^[*] liquors Legislature State to or convicted until slightly, 16, “(n)o operаte suspended further hear- ^[*] for ^[*] * within this ninety days any person a license copy passing of vio- motor facul- ^[*] Act Ar- legislation. lawful for afforded the tive erate A.,N.S., 186. court to son, the statutes ** “We legislature pointed “through inadvertence, 101 Me. do not * * * legislate.” impaired.” It is not the motor vehicle out offense 37, 44, intended to feel authorized to ” by the lоgical would * * * Bryce may State v. Frederick ‍‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‍ to drive or For us have faculties treatment is province say 535,537, bald interpolation been “(i)t ** hold that page are judicial modify legisla- is un- L.R. not op- 731 1312 that the defendant sion of the license provision pairment” pealed. “impaired” able must under an It is sufficient We attempt limiting punishment *3 statutory gave give Sec. 1312-A. save the way way statute. under Sec. 1312-A. for an attempt. offense itself has been to here an driving violated Sеc. my opinion Likewise, “under the concerned of Sec. where 17 M.R.S.A. Sec. while under the no “impaired” I am I suspen- express see while after “im- un- it, (statutory) “If lan- plain will look fur- guage is the Court no ther; exactly interpreted it is to mean Statutory says. it Con- Crawford’s Dahl, struction, Sweeney v. 164.” Sec. 676, 151 Me. A.L.R. 356. Koliche, 143 Me. See also State DOLAN Ronald E.

61 A.2d 115. plain language of statute “Where and DOLAN. Lucille E. conveys a clear unambiguous occasion meaning, is no definite there of Maine. Judicial Court statutory in- resorting rules to the no the court has terpretation, and meaning.” impose another tо look for Am.Jur., Statutes 225. § 1312-A to indicate nothing in There is repeal legislative intention of intoxi- the influence while under de- stаtutory was the cants. sanction which fendant to did. Ordered. WILLIAMSON, DUFRESNE, J.,C.

J., dissent. (dissent- Chief Justice

ing). my opinion In Sec-

retary suspen- of State was limited to the sion for three months under Sec. 1312-A. In 243 A.2d

erating “under under Sec.