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Session Laws, 1970
Volume 695, Page 1404   View pdf image
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1404                               Laws of Maryland                          Ch. 534

give notice to the detained person in accordance with Section 2-117
of this Article, to attend a hearing within 15 days of the person's
refusal to take a chemical test to determine the alcoholic content of
his blood, breath or urine, the purpose of said hearing being to show
cause why the detained person's license should not be suspended for
refusing to take said chemical test. Said hearing shall be held within
15 days of the detention, or sooner upon agreement of the operator
and the Department, but under no circumstances, after said 15 day
period, except upon good cause shown to the satisfaction of the
Department or by agreement of the parties. At said hearing the
operator shall present evidence relating to his refusal to take the
test, and he may be represented by an attorney. After a complete
and thorough hearing, the Department shall have the right to sus-
pend the operator's license for a period not to exceed 60 days. Failure
to attend said hearing by the detained person shall be prima facie
evidence of his inability to answer the sworn statement of the police
officer, and the Department may summarily suspend said person's
license or privilege to operate a motor vehicle on the highways of this
State for a period not to exceed 60 days.

(e)    If the suspension or determination that there should be a
denial of issuance is imposed after a hearing, the person whose
driver's license or non-resident operating privilege has been sus-
pended or to whom a license or permit is denied, under the provisions
of this section, may have a court review of the final order of suspen-
sion or denial as provided in Section 6-211 of this Article.

(f)    If it has been finally determined under the procedure of this
section that a non-resident's privilege to operate a motor vehicle in
this State has been suspended, the Department of Motor Vehicles
shall give information in writing of the action taken to the Motor
Vehicle Administrator of the state of the person's residence and of
any state in which he has a license.

§ 6-205.2. Suspension and revocation of licenses of persons
convicted of certain offenses involving alcohol.

(a)    The Department shall revoke the driver's license of any per-
son who:

(1)    Is convicted of operating a motor vehicle while in an intoxi-
cated condition; or

(2)    Is convicted of a third or subsequent violation committed
within a period of 3 years, of operating a motor vehicle while driving
ability is impaired.

(b)    The Department may suspend for a period of not more than
60 days the driver's license of any person who is convicted of oper-
ating a motor vehicle while driving ability is impaired.

(c)    The Department may suspend for a period of not more than
120 days the driver's license of any person who is convicted of a
second violation, committed within a period of 3 years, of operating
a motor vehicle while driving ability is impaired.

(d)    At the expiration of any suspension imposed under subsec-
tions (b) and (c) of this section, the Department shall return forth-
with the license or privilege of the driver, provided, however, the
license or privilege shall not be returned if the driver's license or


 

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Session Laws, 1970
Volume 695, Page 1404   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>


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