STATE v. WERKHEISER

No. 93 September Term, 1983.

299 Md. 529 (1984)

474 A.2d 898

STATE OF MARYLAND v. ROBERT BUCK WERKHEISER.

Court of Appeals of Maryland.

May 9, 1984.


Attorney(s) appearing for the Case

Ann E. Singleton, Asst. Atty. Gen., Baltimore (Stephen H. Sachs, Atty. Gen., Baltimore, on the brief), for appellant.

Arthur M. Wright, Chestertown (Rasin & Wright, Chestertown, on the brief), for appellee.

Argued before MURPHY, C.J., ELDRIDGE, COLE, DAVIDSON, RODOWSKY and COUCH, JJ., and CHARLES E. ORTH, Jr., Retired, Specially Assigned Judge.


COUCH, Judge.

In this instance we are presented with the question whether dismissal is the appropriate sanction, in a criminal case involving driving while intoxicated or under the influence of alcohol, where the provisions of Maryland Code (1977, 1983 Cum.Supp.), Transportation Article, § 16-205.1(d)(1)(iii),1 were not complied with. We conclude dismissal not to have been appropriate and therefore reverse.

Pursuant to Maryland...

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