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2005 LAWS OF MARYLAND
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Ch. 167
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described in subparagraph (iii) of this paragraph, the Administration shall stay the
suspension and issue a temporary license that authorizes the person to drive only
until the date of the rescheduled hearing.
(vi) To the extent possible, the Administration shall expeditiously
reschedule a hearing that is postponed under this paragraph.
(7) (i) At a hearing under this section, the person has the rights
described in § 12-206 of this article, but at the hearing the only issues shall be:
1. Whether the police officer who stops or detains a person
had reasonable grounds to believe the person was driving or attempting to drive while
under the influence of alcohol, while impaired by alcohol, while so far impaired by any
drug, any combination of drugs, or a combination of one or more drugs and alcohol
that the person could not drive a vehicle safely, while impaired by a controlled
dangerous substance, in violation of an alcohol restriction, or in violation of § 16-813
of this title;
2. Whether there was evidence of the use by the person of
alcohol, any drug, any combination of drugs, a combination of one or more drugs and
alcohol, or a controlled dangerous substance;
3. Whether the police officer requested a test after the
person was fully advised of the administrative sanctions that shall be imposed,
including the fact that a person who refuses to take the test is ineligible for
modification of a suspension or issuance of a restrictive license under subsection
(n)(1) and (2) of this section;
4. Whether the person refused to take the test;
5. Whether the person drove or attempted to drive a motor
vehicle while having an alcohol concentration of 0.08 or more at the time of testing; or
6. If the hearing involves disqualification of a commercial
driver's license, whether the person was operating a commercial motor vehicle OR
HELD A COMMERCIAL DRIVER'S LICENSE.
(ii) The sworn statement of the police officer and of the test
technician or analyst shall be prima facie evidence of a test refusal or a test resulting
in an alcohol concentration of 0.08 or more at the time of testing.
(8) (i) After a hearing, the Administration shall suspend the driver's
license or privilege to drive of the person charged under subsection (b) or (c) of this
section if:
1. The police officer who stopped or detained the person had
reasonable grounds to believe the person was driving or attempting to drive while
under the influence of alcohol, while impaired by alcohol, while so far impaired by any
drug, any combination of drugs, or a combination of one or more drugs and alcohol
that the person could not drive a vehicle safely, while impaired by a controlled
dangerous substance, in violation of an alcohol restriction, or in violation of § 16-813
of this title;
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