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Session Laws, 1989
Volume 771, Page 4644   View pdf image
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VETOES

(H) THIS SECTION DOES NOT PROHIBIT THE IMPOSITION OF
FURTHER ADMINISTRATIVE SANCTIONS IF THE PERSON IS CONVICTED FOR
ANY VIOLATION OF THE MARYLAND VEHICLE LAW ARISING OUT OF THE SAME
OCCURRENCE.

(I) (1) THE DETERMINATION OF ANY FACTS BY THE
ADMINISTRATION IS INDEPENDENT OF THE DETERMINATION OF THE SAME OR
SIMILAR FACTS IN THE ADJUDICATION OF ANY CRIMINAL CHARGES ARISING
OUT OF THE SAME OCCURRENCE.

(2) THE DISPOSITION OF THOSE CRIMINAL CHARGES MAY NOT
AFFECT ANY SUSPENSION IMPOSED UNDER THIS SECTION.

(J) (1) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION, A
SUSPENSION IMPOSED UNDER THIS SECTION MAY NOT BE STAYED BY THE
ADMINISTRATION PENDING APPEAL.

(2) IF THE PERSON FILES AN APPEAL AND REQUESTS IN
WRITING A STAY OF A SUSPENSION IMPOSED UNDER THIS SECTION, THE
DIRECTOR OF THE DIVISION OF ADMINISTRATIVE ADJUDICATION OF THE
ADMINISTRATION MAY STAY A SUSPENSION IMPOSED UNDER THIS SECTION.

(J) NOTWITHSTANDING ANY OTHER SECTION OF THIS TITLE, A
SUSPENSION IMPOSED UNDER THIS SECTION MAY NOT BE STAYED BY THE
ADMINISTRATION PENDING APPEAL.

(K) A SUSPENSION IMPOSED UNDER THIS SECTION MAY NOTE BE
MODIFIED NOR MAY A RESTRICTED LICENSE BE ISSUED.

(J) (K) (1) THE ADMINISTRATION MAY MODIFY A SUSPENSION
UNDER THIS SECTION OR ISSUE A RESTRICTIVE LICENSE IF;

(I) THE LICENSEE DID NOT REFUSE TO TAKE AN
ALCOHOL TEST;,

(II) THE LICENSEE HAS NOT HAD A LICENSE
SUSPENDED UNDER THIS SECTION DURING THE PAST 5 YEARS; AND

(III) THE LICENSEE HAS NOT BEEN, CONVICTED UNDER
§ 21-902 OF THIS ARTICLE DURING THE PAST 5 YEARS; AND
-------------

(III) (IV) 1. THE LICENSEE IS REQUIRED TO DRIVE
A MOTOR VEHICLE IN THE COURSE OF EMPLOYMENT;

2.  THE LICENSE IS REQUIRED FOR THE
PURPOSE OF ATTENDING AN ALCOHOLIC PREVENTION OR TREATMENT
PROGRAM; OR

3.  IT FINDS THAT THE LICENSEE HAS NO
ALTERNATIVE MEANS OF TRANSPORTATION AVAILABLE TO OR FROM THE
LICENSEE'S PLACE OF EMPLOYMENT AND, WITHOUT THE LICENSE, THE
LICENSEE'S ABILITY TO EARN A LIVING WOULD BE SEVERELY IMPAIRED.

- 4644 -

 

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Session Laws, 1989
Volume 771, Page 4644   View pdf image
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