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MVA v. LOANE

No. 52, September Term, 2010.

22 A.3d 833 (2011)

420 Md. 211

MOTOR VEHICLE ADMINISTRATION v. Frank William LOANE, Jr.

Court of Appeals of Maryland.

June 22, 2011.

Attorney(s) appearing for the Case

Dore J. Lebowitz , Asst. Atty. Gen. (Douglas F. Gansler , Atty. Gen. of Maryland, on brief), Glen Burnie, MD, for petitioner.

Gregory P. Jimeno (Jimeno & Gray P.A., Glen Burnie, MD), on brief, for respondent.

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

BARBERA, J.

This case presents yet another opportunity to construe provisions of § 16-205.1 of the Maryland Transportation Article ("T.R."), known as Maryland's "implied consent, administrative per se law" (hereinafter "the Statute").1 Pursuant to subsection (a)(2) of the Statute, "[a]ny person who drives or attempts to drive a motor vehicle on a highway or on any private property that is used by the public in general in this State...

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