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VETOES
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H.B. 789
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3. Under circumstances in which the person made a request,
within 10 days of the date that the person requested a hearing under this paragraph,
for the issuance of a subpoena under § 12-108 of this article except as time limits are
changed by this paragraph:
A. The subpoena was not issued by the Administration;
B. An adverse witness for whom the subpoena was requested,
and on whom the subpoena was served not less than 5 days before the hearing, fails
to comply with the subpoena at an initial or subsequent hearing under this paragraph
held within the 45-day period that begins on the date of the request for a hearing
under this paragraph; or
C. A witness for whom the subpoena was requested fails to
comply with the subpoena, for good cause shown, at an initial or subsequent hearing
under this paragraph held within the 45-day period that begins on the date of the
request for a hearing under this paragraph.
(iv) If a witness is served with a subpoena for a hearing under this
paragraph, the witness shall comply with the subpoena within 20 days from the date
that the subpoena is served.
(v) If a hearing is postponed beyond the 45-day period that begins
on the date of the request for a hearing under this paragraph under circumstances
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)(l) and (2) of this section;
- 4192 -
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