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State v. Dupont

Superior Court of Maine, Kennebec

October 31, 2016

STATE OF MAINE
v.
DYLAN J. DUPONT

          ORDER ON DEFENDANT'S MOTION TO SUPPRESS

          Michaela Murphy Justice.

         Before the Court is Defendant's Motion to Suppress.

         I. Statements of Fact

1. Patrol Paul Doody found Defendant Dylan Dupont sleeping in a car parked on Bond Brook Road, West Gardiner, Maine with the engine running and with vomit on his hands and shirt on January 22, 2016.
2. Patrol Doody observed that Defendant smelled strongly of alcohol and vomit.
3. Patrol Doody brought Defendant to the West Gardiner Police Department.
4. Defendant vomited numerous times at the Police Department.
5. At the Police station, Patrol Doody attempted to perform a breathalyzer test on Defendant in order to determine Defendant's blood alcohol content.
6. Defendant was unable to perform the test due to nearly constant vomiting.
7. Patrol Doody then brought Defendant to Maine General Medical Center to have blood drawn to test for blood alcohol content.
8. Patrol Doody read the implied consent warnings found in 29-A M.R.S. § 2521.
9. After being read the warnings, Defendant consented.
10. Defendant signed a hospital consent form allowing blood ...

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