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Session Laws, 1977
Volume 735, Page 936   View pdf image
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936                                             LAWS OF MARYLAND                               Ch. 14 (1)   ON RECEIPT OF THE SWORN STATEMENT OF A
POLICE OFFICER FILED UNDER SUBSECTION (C) OF THIS
SECTION, THE ADMINISTRATION SHALL GIVE REASONABLE NOTICE
TO THE DRIVER, IN ACCORDANCE WITH TITLE 12, SUBTITLE 2
OF THIS ARTICLE, TO ATTEND A HEARING ON A DATE SPECIFIED
IN THE NOTICE AND SHOW CAUSE WHY HIS LICENSE OR PRIVILEGE
TO DRIVE SHOULD NOT BE SUSPENDED FOR REFUSING TO TAKE
THE TEST. (2)   THE ADMINISTRATION SHALL SET THE HEARING
FOR A DATE WITHIN 30 DAYS OF THE DRIVER'S DETENTION.
HOWEVER, THE HEARING MAY BE HELD AT ANY OTHER TIME
WITHIN THE 30-DAY-PERIOD ON AGREEMENT OF THE DRIVER AND
THE ADMINISTRATION, AND MAY NOT BE HELD AFTER THE 30-DAY PERIOD EXCEPT ON GOOD CAUSE SHOWN TO THE SATISFACTION OF THE ADMINISTRATION. (3)   AT THE HEARING, THE DRIVER MAY PRESENT
EVIDENCE ABOUT HIS REFUSAL TO TAKE THE TEST AND MAY BE
REPRESENTED BY AN ATTORNEY. (4)   AFTER THE HEARING, THE ADMINISTRATION
MAY SUSPEND THE DRIVER'S LICENSE OR PRIVILEGE TO DRIVE
FOR NOT MORE THAN 60 DAYS. FAILURE OF THE DRIVER TO
ATTEND THE HEARING IS PRIMA FACIE EVIDENCE OF HIS
INABILITY TO ANSWER THE SWORN STATEMENT OF THE POLICE
OFFICER, AND THE ADMINISTRATION SUMMARILY MAY SUSPEND
HIS LICENSE OR PRIVILEGE TO DRIVE FOR NOT MORE THAN 60
DAYS. (F) COURT REVIEW OF SUSPENSION OF LICENSE OR PRIVILEGE TO DRIVE. IF THE ADMINISTRATION IMPOSES A SUSPENSION AFTER A
HEARING, THE INDIVIDUAL WHOSE LICENSE OR PRIVILEGE TO
DRIVE HAS BEEN SUSPENDED MAY APPEAL THE FINAL ORDER OF
SUSPENSION AS PROVIDED IN TITLE 12, SUBTITLE 2 OF THIS
ARTICLE. REVISOR'S NOTE: This section presently appears as
Art. 66 1/2, §6-205.1. Throughout this section, the phrase "while
intoxicated" is substituted for the obsolete
"while under the influence of intoxicating
liquor". See §21-902 of this article. In subsection (a) of this section, the simple
term "certification" is substituted for the
present "statement under oath". See §12-109
of this article. Subsection (b)(3) of this section is revised to clarify that it is the "detaining police officer" who must advise the driver of the
stated facts.
In subsection (d)(1) of this section, present


 
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Session Laws, 1977
Volume 735, Page 936   View pdf image
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