JANES v. STATE

No. 104, Sept. Term, 1997.

711 A.2d 1319 (1998)

350 Md. 284

Vincent B. JANES v. STATE of Maryland.

Court of Appeals of Maryland.

June 26, 1998.


Attorney(s) appearing for the Case

James N. Papirmeister, Assigned Public Defender (Joseph F. Vallario, Jr., Assigned Public Defender, on brief), Baltimore, for appellant.

Thomas K. Clancy, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., on brief), Baltimore, for appellee.

Argued before BELL, C.J., and ELDRIDGE, RODOWSKY, CHASANOW, RAKER, WILNER and CATHELL, JJ.


WILNER, Judge.

The issue before us is collateral estoppel—whether the State is precluded from prosecuting appellant, Vincent Janes, for driving while intoxicated and other related offenses because, in an earlier proceeding before the Motor Vehicle Administration (MVA), conducted to determine whether Janes's driver's license should be suspended by reason of his refusal to take a breath test, an administrative law judge determined that Janes was not driving the...

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