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EMBREY v. MOTOR VEHICLE ADMIN.

No. 6, September Term, 1995.

339 Md. 691 (1995)

ROBERT CHARLES EMBREY v. MOTOR VEHICLE ADMINISTRATION.

Court of Appeals of Maryland.

September 15, 1995.

Attorney(s) appearing for the Case

John Patrick Kudel (John Patrick Kudel, P.A., on brief), Rockville, for petitioner.

Hillel Traub, Assistant Attorney General (J. Joseph Curran, Jr., Attorney General, on brief), Baltimore, for respondent.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, CHASANOW, KARWACKI, BELL and RAKER, JJ.

BELL, Judge.

The issue this case presents is whether, pursuant to Maryland Code (1977, 1992 Repl.Vol., 1994 Cum.Supp.) § 16-205.1(n)(ii) of the Transportation Article,1 a motorist, who, as a result of a prior detention on suspicion of driving or attempting to drive while intoxicated or under the influence of alcohol and after failing a breath test for blood alcohol concentration2, has before been issued...

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