 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Forman v. Motor Vehicle Administration9/16/1993
Opinion by Chasanow, J.
Before this Court is the propriety of an administrative law judge's 120-day suspension of the petitioner's driver's license under Maryland's implied consent statute, Maryland Code (1977, 1992 Repl. Vol.), Transportation Article, § 16-205.1. The statute provides that
"any person who drives or attempts to drive a motor vehicle on a highway or on any private property that is used by the public in general in this State is deemed to have consented ... to take [an alcohol concentration] test if the person should be detained on suspicion of driving or attempting to drive while intoxicated, while under the influence of alcohol, while so far under the influence of any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person could not drive a vehicle safely, while under the influence of a controlled dangerous substance, in violation of an alcohol restriction, or in violation of § 16-813 of this title [concerning commercial vehicles]."
§ 16-205.1(a)(2).
Section 16-205.1(b)(1)(i)(2)(A) imposes a mandatory 120-day suspension when a person who is detained for a first-time offense refuses to take a Breathalyzer test upon request of the detaining officer. Because this strict penalty is designed to encourage licensees to take, rather than to refuse, such alcohol tests, the statute also requires that the detaining officer advise the licensee of the mandatory suspension resulting from refusal so that the licensee can make a fully informed choice about taking the test. See § 16-205.1(b)(2)("The police officer shall . . . (iii) advise the person of the administrative sanctions that shall be imposed for refusal to take the test. . . .").
The petitioner, Donna Michelle Forman, who was detained upon suspicion of driving while intoxicated and subsequently given a 120-day suspension for refusing to take the test, makes three principal claims. Forman's first claim is that the detaining officer negated the required warnings by leading her to believe that the 120-day suspension was not mandatory, but in fact could be modified by the Motor Vehicle Administration (MVA) after a hearing. Forman's second claim is that the officer induced her to refuse the test by promising that upon her refusal he would take her to a friend's house, rather than to the police station, so that she might avoid telling her husband she had been charged with drinking and driving. Finally, Forman claims that the administrative law judge (ALJ) improperly refused her request to subpoena the detaining officer to testify at an administrative hearing about the conversation between the officer and Forman which Forman contends constituted both the negation and the inducement.
The issues which Forman raises are important and we will therefore discuss each one. In light of this discussion, we must remand the case for rehearing. A remand is necessary because the ALJ failed (1) to make adequate factual findings on the issues Forman raises, and (2) to explain his ultimate decision. Our basis for disposing of the case in this fashion will become apparent after an initial review of the facts and the proceedings below.
I.
On February 23, 1992, Officer John Jacobs of the Howard County Police Department stopped Forman on suspicion of driving while intoxicated. After stopping Forman's vehicle, Officer Jacobs detected an odor of alcohol and directed Forman to perform certain field sobriety tests. As a result of the way in which Forman performed these tests, Officer Jacobs placed her under arrest. Forman then signed the MVA's "Advice of Rights" form, the DR-15, certifying that she
Page 1 2 3 4 5 6 7 8 9 10 11 Maryland DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|