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Motor Vehicle Administration v. Gaddy6/30/1994
ke the test, that the Legislature wanted two signatures as a fair exchange for the inability of the driver to cross-examine the arresting officer and technician." As we stated above, however, the legislative history is clear: this law is intended primarily to protect the public; it is not primarily concerned with the protection of the suspected drunk driver. Furthermore, under current law a police officer may still be required to appear at the hearing if there is a genuine dispute of material fact. See Md. Code (1974, 1992 Repl. Vol., 1993 Cum. Supp.) § 12-206 of the Transportation Article; Md. Code (1974, 1993 Repl. Vol., 1993 Cum. Supp.), § 10-213 of the State Government Article. Requiring two signatures on the certification of refusal and dismissing a suspension for failure to obtain the second signature does nothing to protect the public. In fact, as in Shrader, dismissing a suspension under these circumstances "would be inimical to the interests of the public and would enhance the interests of the presumptively drunken driver, an outcome that is contrary to our holdings and to the General Assembly's expressed sentiments." Shrader, 324 Md. at 467, 597 A.2d at 945.
The circuit court's interpretation of the statute is contrary to the legislative intent. We hold, therefore, that in the case of a driver's refusal to take a test for alcohol concentration, § 16-205.1(f)(7)(ii) provides that the sworn statement of the police officer shall be prima facie evidence of such test refusal. A second signature of a test technician is not required by the statute.
JUDGMENT REVERSED; CASE REMANDED TO THE CIRCUIT COURT FOR BALTIMORE COUNTY FOR THE ENTRY OF A JUDGMENT AFFIRMING THE ORDER OF THE MOTOR VEHICLE ADMINISTRATION. COSTS TO BE PAID BY RESPONDENT.
Disposition
JUDGMENT REVERSED; CASE REMANDED TO THE CIRCUIT COURT FOR BALTIMORE COUNTY FOR THE ENTRY OF A JUDGMENT AFFIRMING THE ORDER OF THE MOTOR VEHICLE ADMINISTRATION. COSTS TO BE PAID BY RESPONDENT.
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