MVA v. DEERING

No. 52, September Term, 2013.

92 A.3d 495 (2014)

438 Md. 611

MOTOR VEHICLE ADMINISTRATION, v. April Marie DEERING.

Court of Appeals of Maryland.

May 21, 2014.


Attorney(s) appearing for the Case

Leight D. Collins , Asst. Atty. Gen. ( Douglas F. Gansler , Atty. Gen. of Maryland, Baltimore, MD), on brief, for petitioner.

John K. Phoebus (John K. Phoebus, P.A., Crisfield, MD), on brief, for respondent.

Leonard R. Stamm, Esq. , Goldstein & Stamm, P.A., Greenbelt, MD, for amici curiae brief of the National College for DUI Defense and the Maryland Criminal Defense Attorneys' Association.

Argued before BARBERA, C.J., HARRELL, BATTAGLIA, GREENE, ADKINS, McDONALD and WATTS, JJ.


McDONALD, J.

In the effort to reduce the hazards caused by drunk drivers, the General Assembly, like the legislatures of most other states, has enacted as part of the Maryland Vehicle Law a statute known as "the implied consent, administrative per se law." That statute incorporates "implied consent" in that it provides that any individual who drives a vehicle in Maryland is deemed to have consented to take a chemical test — usually, a breath test — to...

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