MVA. v. DOVE

No. 40, September Term, 2009.

991 A.2d 65 (2010)

413 Md. 70

MOTOR VEHICLE ADMINISTRATION v. John Edward DOVE.

Court of Appeals of Maryland.

March 17, 2010.


Attorney(s) appearing for the Case

Dore J. Lebowitz, Asst. Atty. Gen. (Douglas F. Gansler, Atty. Gen., Baltimore), on brief, for petitioner.

Thomas Axley (Thomas Axley, Chartered, Prince Frederick), on brief, for respondent.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, ADKINS and BARBERA, JJ.


GREENE, J.

In this case, we are asked to consider whether the Administrative Law Judge ("ALJ") determined correctly that the respondent, John Edward Dove ("Dove"), should have his driver's license suspended for refusing a blood test to determine alcohol concentration while a hospital emergency room patient, at a time when Dove asserted that his refusal was justified because of his fear of needles, his preference for a breath test, and the later administration of an...

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