MVA v. KARWACKI

No. 119 September Term, 1994.

340 Md. 271 (1995)

MOTOR VEHICLE ADMINISTRATION v. LEE DANIEL KARWACKI.

Court of Appeals of Maryland.

October 25, 1995.


Attorney(s) appearing for the Case

Jonathan Acton, II, Assistant Attorney General (J. Joseph Curran, Jr., Attorney General, on brief), Glen Burnie, for petitioner.

No brief on behalf of respondent.

Argued before MURPHY, C.J., ELDRIDGE, RODOWSKY, CHASANOW, BELL and RAKER, JJ., and ROBERT F. FISCHER, J. (Specially Assigned).


BELL, Judge.

The issue this case presents is whether, at a probable cause hearing, held pursuant to Maryland Code (1977, 1992 Repl. Vol., 1994 Cum.Supp.), § 16-205.1(f)(7), of the Transportation Article, an administrative law judge ("ALJ") may give greater credit to the sworn written statement of an absent police officer, who was not subpoenaed by either party, than to the conflicting testimony of the motorist. This ruling is precisely that which the ALJ made...

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