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MVA v. ATTERBEARY

No. 76, Sept. Term 2001.

796 A.2d 75 (2002)

368 Md. 480

MOTOR VEHICLE ADMINISTRATION, v. Knowlton R. ATTERBEARY.

Court of Appeals of Maryland.

April 9, 2002.

Attorney(s) appearing for the Case

Valerie Johnston Smith, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen. of Maryland, on brief), Glen Burnie, for petitioner/cross-respondent.

Reginald W. Bours, III (Reginald W. Bours, III, P.C., on brief), Rockville, for respondent/cross-petitioner.

Argued before BELL, C.J., ELDRIDGE, RAKER, WILNER, CATHELL, HARRELL, and BATTAGLIA, JJ.

BATTAGLIA, Judge.

Petitioner, Motor Vehicle Administration (hereinafter "MVA"), asks us to consider what constitutes a refusal to submit to a blood alcohol concentration test in light of the two hour time limitation for such tests imposed by Maryland Code (1974, 1998 Repl.Vol.), Section 10-303 of the Courts and Judicial Proceedings Article, where the individual suspected of driving...

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