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MVA v. SPIES

No. 73, September Term, 2012.

82 A.3d 179 (2013)

436 Md. 363

MOTOR VEHICLE ADMINISTRATION v. James Robert SPIES, III.

Court of Appeals of Maryland.

December 23, 2013.

Attorney(s) appearing for the Case

Neil I. Jacobs , Asst. Atty. Gen. ( Douglas F. Gansler , Atty. Gen. of Maryland, Baltimore, MD), on brief, for petitioner.

No argument on behalf of the Respondent.

Argued before: BARBERA, C.J., HARRELL, BATTAGLIA, GREENE, ADKINS, McDONALD, BELL, JJ.

BELL, C.J., (Retired).

We granted certiorari in this case to consider whether a moderate odor of alcohol emanating from the person of a motorist, alone, provides an adequate basis for a law enforcement officer to suspect that the motorist was driving while under the influence of, or impaired by, alcohol and, therefore, constitutes "reasonable grounds," pursuant to Maryland Code (1977, 2009 Repl.Vol., 2011 Cum.Supp.) § 16-205.1(b)(2)

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