Ch. 284                                           LAWS OF MARYLAND

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 SUBSECTION.

(5) (I) THE PERSON MAY BE REPRESENTED BY AN ATTORNEY
AND OFFER EVIDENCE AND TESTIMONY AT THE HEARING. THE ONLY ISSUES
AT THE HEARING SHALL BE WHETHER THE PERSON:

(6) (I) AT THE 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 INTOXICATED, WHILE UNDER
THE INFLUENCE OF ALCOHOL, OR IN VIOLATION OF AN ALCOHOL
RESTRICTION;

2.  WHETHER THERE WAS EVIDENCE OF ALCOHOL
CONSUMPTION;

3.  WHETHER THE POLICE OFFICER REQUESTED A
CHEMICAL TEST TO DETERMINE ALCOHOL CONCENTRATION AFTER THE PERSON
WAS FULLY ADVISED OF THE ADMINISTRATIVE SANCTIONS THAT SHALL BE
IMPOSED;

1. 4. WHETHER THE PERSON REFUSED TO TAKE
A CHEMICAL TEST FOR ALCOHOL OR DRUGS OR BOTH UNDER SUBSECTION (B)
OF THIS SECTION; OR

2. 5. WHETHER THE PERSON DROVE OR
ATTEMPTED TO DRIVE A MOTOR VEHICLE WHILE HAVING AN ALCOHOL
CONCENTRATION OF 0.10 OR MORE AT THE TIME OF TESTING.

(II) 1. UNLESS THE PERSON HAS REQUESTED, AS
REQUIRED UNDER THIS SECTION, A SUBPOENA TO BE ISSUED FOR THE
POLICE OFFICER OR THE TEST TECHNICIAN OR ANALYST WHO PERFORMED
THE TEST TO BE PRESENT AT THE HEARING, OR OTHERWISE COMPLY WITH
THE SUBPOENA, 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
0.10 OR MORE AT THE TIME OF TESTING.

2. UNLESS THE PERSON HAS REQUESTED, AS
REQUIRED UNDER THIS SECTION, A SUBPOENA TO BE ISSUED FOR THE
POLICE OFFICER OR THE TEST TECHNICIAN OR ANALYST WHO PERFORMED
THE TEST TO BE PRESENT AT THE HEARING, OR OTHERWISE COMPLY WITH
THE SUBPOENA, THE SWORN STATEMENT SHALL BE ADMISSIBLE IN EVIDENCE
AND THE POLICE OFFICER AND TEST TECHNICIAN OR ANALYST NEED NOT BE
PRESENT OR GIVE TESTIMONY.

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