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MOTOR VEHICLE ADMIN. v. BARRETT

No. 22 Sept. Term, 2019.

223 A.3d 589 (2020)

467 Md. 61

MOTOR VEHICLE ADMINISTRATION v. Brian J. BARRETT

Court of Appeals of Maryland.

January 24, 2020.

Attorney(s) appearing for the Case

Argued by Dore J. Lebowitz , Asst. Atty. Gen. ( Brian E. Frosh , Attorney General of Maryland, Glen Burnie, MD), for Petitioner.

Argued by C. Edward Middlebrooks ( Stephanie A. Kimbrell , Law Offices C. Edward Middlebrooks, Glen Burnie, MD), on brief, for Respondent.

Argued before: Barbera, C.J., McDonald, Watts, Hotten, Booth, Glenn T. Harrell, Jr., (Senior Judge, Specially Assigned) Clayton Greene, Jr., (Senior Judge, Specially Assigned) JJ.

The question before this Court involves application of Maryland's "implied consent" statute, MD. CODE, ANN., TRANS. ("TR") § 16-205.1(b) (Lexis Nexis Supp. 2018). We must decide the proper outcome under the statute when a motorist refuses to take a blood alcohol concentration test after having been advised via the Motor Vehicle...

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