 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Hare v. Motor Vehicle Administration4/14/1992
ce to assist in obtaining an independent chemical test unless expressly required to do so by statute).
Having provided the advice mandated by the statute, the police officer was not required to anticipate, or guess at, what incentive would have caused the driver to take the chemical test. Nor was he, as a matter of due process, required to provide any advice other than that the statute prescribed. Indeed, had he undertaken to provide additional information and it turned out to be misleading or inaccurate, that, in itself, may have been a denial of due process. Cf. Morales v. State, 325 Md. 330, 335, 600 A.2d 851, 853 (1992).
Due process does not require the officer to weigh the relative merits, for encouragement value, of particular consequences flowing from the decision whether to take or refuse a chemical test.
JUDGMENT AFFIRMED.
COSTS TO BE PAID BY APPELLANT.
Disposition
JUDGMENT AFFIRMED. COSTS TO BE PAID BY APPELLANT.
Page 1 2 3 4 5 Maryland DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|