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Janes v. State6/26/1998
conclusions, we need not resolve here the narrower issue raised by the State - that the question before the MVA was not whether Janes was, in fact, the driver of the van but only whether Trooper Barth had reasonable grounds to believe that he was, and that, accordingly, the ALJ's finding that Janes was not the driver was gratuitous and, for that reason, cannot serve as the basis for collateral estoppel.
ORDER DENYING MOTION TO DISMISS AFFIRMED; CASE REMANDED TO CIRCUIT COURT FOR CHARLES COUNTY FOR FURTHER PROCEEDINGS; APPELLANT TO PAY THE COSTS.
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