Argued: October 28, 2014.
Judgment vacated. Remanded for further proceedings consistent with this opinion.
On the briefs and at oral argument: Alan F. Harding, Esq., Hardings Law Office, Presque Isle, for appellant Graydon E. Adams Jr.
John M. Pluto, Asst. Dist. Atty., Prosecutorial District No. 8, Caribou, for appellee State of Maine.
Panel: SAUFLEY, C.J., and ALEXANDER, SILVER, MEAD, GORMAN, and HJELM, JJ.
[¶1] Graydon E. Adams Jr. appeals from a judgment of the trial court (Aroostook County, Hunter, J.) convicting him, on his conditional plea, M.R. Crim. P. 11(a)(2), of operating a motor vehicle under the influence. 29-A M.R.S. § 2411 (1-A) (2013). On appeal, Adams challenges a preliminary ruling by the court ( Cuddy, J.) granting the State's motion in limine to exclude evidence of the results of a breath-alcohol test administered to Adams at his workplace. We vacate the judgment and remand this case for further proceedings.
I. CASE HISTORY
[¶2] No transcript of the hearing before the trial court has been provided and the record on appeal is limited. Therefore, the following facts are from the documents filed by the parties and the limited record created incident to the conditional plea.
[¶3] On September 11, 2012, Adams was at his place of employment, the Maine Military Authority in Limestone. Adams was " observed to be emitting an odor of alcoholic beverage," and his employer asked him to submit to a breath test. The employer allegedly used a self-contained portable breath-alcohol testing device. After the results showed that Adams had indicators of alcohol in his system,
Adams's employer informed Adams that " company policy required him to be sent home on unpaid leave."
[¶4] Adams alleges that around the time that he left his employer's premises, " a Maine Military Authority employee called the dispatch for the Limestone Police Department to report that [Adams] was driving a van South on Route 89 and that he was under the influence." Sometime after the alleged call from Adams's employer, a Limestone Police Department Officer stopped Adams and arrested him after administering several field sobriety tests. The record does not indicate how much time passed between the ...