 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Motor Vehicle Administration v. Chamberlain4/14/1992
The issues presented in this case involve determining what advice a police officer is required to give a driver detained on suspicion of driving while intoxicated or while under the influence of alcohol pursuant to Maryland Code, § 16-205.1(b) of the Transportation Article and whether the remand hearing in this case was scheduled in compliance with § 16-205.1(f)(5)(vi). The Circuit Court for Montgomery County found that (1) Stephen B. Chamberlain ("Chamberlain") had been inadequately informed of the consequences of refusing to take a chemical test to determine alcohol concentration, see § 16-205.1(a)(iii), or of taking and failing that test, i.e. the test results reveal an alcohol concentration of 0.10 or more, and (2) the Motor Vehicle Administration ("MVA") failed expeditiously to schedule the probable cause hearing required by § 16-205.1(f)(5). We granted the writ of certiorari at the request of the MVA to consider these matters of public importance. We shall reverse.
I.
Chamberlain was stopped by a police officer for speeding and on suspicion of driving while intoxicated. After conducting a roadside investigation, consisting of several field sobriety tests, the officer placed Chamberlain under arrest. He subsequently advised him in accordance with § 16-205.1(b), reading verbatim from the DR-15, an advice of rights form:
You have the right to refuse to submit to the test. Your refusal shall result in an administrative suspension of your Maryland driver's license or your driving privilege if
you are non-resident. Suspension by the Motor Vehicle Administration shall be 120 days for a first offense and one year for a second or subsequent offense.
If you submit to a test which indicates an alcohol concentration of 0.10 or more, it shall result in an administrative suspension of your Maryland driver's license or your driving privilege if you are non-resident. The suspension by the Motor Vehicle Administration shall be 45 days for a first offense and 90 days for a second or subsequent offense.
The officer did not tell Chamberlain that if he met certain conditions, even though he might fail the test, the suspension may nevertheless be modified or a restrictive license issued. See § 16-205.1(m).
Chamberlain refused the test. His license was thereupon confiscated and he was issued a temporary 45-day license. Having been advised in accordance with § 16-205.1(b)(3)(v),
of the right to do so, he timely requested a hearing. For a discussion of the scheduling of the administrative hearings, see Motor Vehicle Administration v. Shrader, 324 Md. 454, 460-62, 597 A.2d 939, 942 (1991).
At the hearing, Chamberlain raised several issues, including the adequacy of the advice he was given concerning the consequences of refusing or failing the test. He also questioned whether the hearing had been scheduled timely. See § 16-205.1(f)(5)(i) and discussion infra. The Administrative Law Judge (ALJ) determined that Chamberlain refused the test after being "advised of the administrative penalties that shall be imposed upon refusal, or having an alcohol concentration of 0.10 or more." Consequently, he ordered Chamberlain's driver's license suspended for 120 days, specifically stating that § 16-405 would have been considered, but that "it doesn't apply in this situation under the new law with refusal." Thus, Chamberlain's suspension was neither modified nor an employment restrictive license issued.
On appeal, Chamberlain argued that he was not adequately advised of the consequences of refusing or failing the test
Page 1 2 3 4 5 6 7 8 9 10 Maryland DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|