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Ch. 629
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2000 LAWS OF MARYLAND
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(2) Are not admissible in a prosecution other than a prosecution for a
violation of § 21-902 of the Transportation Article, § 8-738 of the Natural Resources
Article, or Article 27, § 388, § 388A, or § 388B of the Code.
10-309.
(a) (1) (I) Except as provided in § 16-205.1(c) of the Transportation
Article, a person may not be compelled to submit to a test or tests provided for in this
subtitle.
(II) Evidence of a test or analysis PROVIDED FOR IN THIS SUBTITLE
is not admissible in a prosecution for a violation of § 16-113 OR § 21-902 of the
Transportation Article, § 8-738 OF THE NATURAL RESOURCES ARTICLE, OR ARTICLE
27, § 388, § 388A, OR § 388B OF THE CODE if obtained contrary to [its] THE provisions
OF §§ 10-302 THROUGH 10-308 OF THIS SUBTITLE.
(2) (I) No inference or presumption concerning either guilt or
innocence arises because of refusal to submit.
(II) The fact of refusal to submit is admissible in evidence at the
trial.
(b) This section does not limit the provisions of the vehicle laws regarding the
consequences of refusal to submit to a test or tests.
(c) Nothing in this section precludes or limits the admissibility of evidence of
a test or analysis to determine the alcohol concentration of a person's blood or breath
in any prosecution other than for a violation of § 16-113 OR § 21-902 of the
Transportation Article, § 8-738 OF THE NATURAL RESOURCES ARTICLE, OR ARTICLE
27, § 388, § 388A, OR § 388B OF THE CODE.
(d) Nothing in this section precludes or limits admissibility of evidence of a
test or analysis to determine the alcohol concentration of a person's blood or breath
which is obtained as provided in § 16-205.1(c) of the Transportation Article.
Article - Transportation
16-113.
(a) (1) In addition to the vision and other restrictions provided for in this
subtitle, when it issues a driver's license, the Administration for good cause may
impose on the licensee:
(i) Any restrictions suitable to the licensee's driving ability with
respect to the type of special mechanical control devices required on motor vehicles
that the licensee may drive;
(ii) An alcohol restriction which prohibits the licensee from driving
or attempting to drive a motor vehicle while having alcohol in the licensee's blood; and
(iii) Any other restrictions applicable to the licensee that the
Administration determines appropriate to assure the safe driving of a motor vehicle
by the licensee.
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- 3278 -
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