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STATE OF MAINE SUPERIOR COURT
ANDROSCOGGIN, ss.
RECEIVED &FILEDgg'~~i~~~P_08_005 /0) DO~
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DEC 172008 I
KENNETH KARKOS,
ANDROSCOGGIN
SUPERIOR COURT
Petitioner DECISION AND ORDER
v.
SECRETARY OF STATE, Respondent
BEFORE THE COURT
Before the court is a petition filed by Kenneth Karkos (Karkos) asking for
review of the decision of a hearing officer for the Bureau of Motor Vehicles (BMV). Pursuant to M.R. Civ. P. 80C, Karkos seeks judicial review of the BMV's final agency action.

BACKGROUND AND PROCEDURAL HISTORY
The events in this case arise from an incident at Buddy T's bar in Lewiston, Maine on November 23,2007. An undercover police officer, Officer Jeremy Somma (Somma), allegedly witnessed Karkos drinking in the bar, behaving in an intoxicated manner, and then attempting to drive his motor vehicle soon thereafter. According to Somma, Karkos almost ran into him when he backed up his vehicle in the parking lot. Karkos claims, on the other hand, that he never put his keys in the ignition, and was in his car simply to retrieve business cards that he wished to distribute to others in the bar.
Following failed sobriety tests, administered by Somma, another police
officer, Officer Philippon (Philippon), transported Karkos to the Androscoggin
County Jail. According to Somma's testimony, Karkos was uncooperative and
resisted arrest. At the jail, police officers physically escorted Karkos through the booking area and into a holding cell. Philippon relayed to Somma, who was not yet at the jail, that he was unable to administer the blood alcohol test to Karkos. Upon Somma's arrival, he was escorted to the holding cell where Karkos was being held. Somma claims he then read an Implied Consent form to Karkos,
informing him of the consequences if Karkos did not submit to a test.
On February 5, 2008, the Secretary of State issued Karkos a notice of suspension of Karkos's license for 275 days for Operating Under the Influence (OUI) and refusing to submit to a blood alcohol test. On February 12, Karkos requested an administrative hearing with the Secretary of State regarding his
license suspension. An administrative hearing was held on April 11, 2008, at
which the Secretary of State introduced evidence of the Implied Consent form that Somma claimed to have read to Karkos at the time of his arrest. Karkos's signature was not on the form. During the hearing, Karkos and Somma offered conflicting testimony. In conclusion, the Secretary of State affirmed the suspension of Karkos's license for a period of 275 days pursuant to 29-A
M.R.S.A.

Download ANDap-08-005.pdf

Maine Law