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BROWN v. STATE

No. 2273 September Term 2005.

910 A.2d 571 (2006)

171 Md. App. 489

Michael E. BROWN v. STATE of Maryland.

Court of Special Appeals of Maryland.

November 1, 2006.

Attorney(s) appearing for the Case

C. William Michaels, Baltimore, David M. Williams, Chestertown, for appellant.

Brian S. Kleinbord (J. Joseph Curran, Jr., Attorney General, on the brief), Baltimore, for appellee.

Panel: HOLLANDER, EYLER, DEBORAH S., BARBERA, JJ.

BARBERA, J.

This appeal presents us with the opportunity to decide, among other matters, the constitutional effect of the evidentiary "presumptions" concerning blood alcohol concentration, set forth in Maryland Code (2002 Repl.Vol., 2004 Cum Supp.), § 10-307 of the Courts and Judicial Proceedings Article ("CJ"). CJ § 10-307 provides, inter alia, that a specified level of alcohol concentration in an accused's breath or blood "shall be prima facie evidence...

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