20 Maryland opinions name it 2 courts 1991–2024 6 in the last five years
The cases below were cited by Maryland courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Motor Vehicle Administration v. Jonesgreen2 sentences2024Proc. (“CJP”) § 10-304); Motor Vehicle Admin. v. Jones, 380 Md. 164, 228 (2004) (whether a chemical breath test for alcohol was taken within two hours of a motorist’s apprehension under CJP § 10-303). 2024Proc. (“CJP”) § 10-304); Motor Vehicle Admin. v. Jones, 380 Md. 164, 228 (2004) (whether a chemical breath test for alcohol was taken within two hours of a motorist’s apprehension under CJP § 10-303). | 5 | 8 |
Motor Vehicle Administration v. Karwackigreen2 sentences2011In MVA v. Karwacki, 340 Md. 271, 273 , 666 A.2d 511, 512 (1995), we addressed whether an ALJ "may give greater credit to the sworn written statement of an absent police officer, who was not subpoenaed by either party, than to the conflicting testimony of the motorist." In Karwacki , during the administrative hearing, Karwacki testified that the officer requested that he take a chemical breath test and also advised him that he could refuse the test. 2011In MVA v. Karwacki, 340 Md. 271, 273 , 666 A.2d 511, 512 (1995), we addressed whether an ALJ "may give greater credit to the sworn written statement of an absent police officer, who was not subpoenaed by either party, than to the conflicting testimony of the motorist." In Karwacki , during the administrative hearing, Karwacki testified that the officer requested that he take a chemical breath test and also advised him that he could refuse the test. | 2 | 3 |
Casper v. Stategreen2 sentences1991Cf. Casper v. State, 70 Md.App. 576, 590 , 521 A.2d 1281 (1987) (“We see little utility in requiring the State to produce every technician who touches the chemical breath test process at every prosecution across the State in which alcohol impairment is an issue.”) COMPULSORY PROCESS White also argues that the sixth and fourteenth amendments 1 to the federal constitution and articles 21 2 and 24 3 of the Maryland Declaration of Rights secure his right to compulsory process, and thereby support his right to subpoena Dr. Caplan. 1991Cf. Casper v. State, 70 Md.App. 576, 590 , 521 A.2d 1281 (1987) (“We see little utility in requiring the State to produce every technician who touches the chemical breath test process at every prosecution across the State in which alcohol impairment is an issue.”) COMPULSORY PROCESS White also argues that the sixth and fourteenth amendments 1 to the federal constitution and articles 21 2 and 24 3 of the Maryland Declaration of Rights secure his right to compulsory process, and thereby support his right to subpoena Dr. Caplan. | 1 | 2 |
Sites v. Stategreen2 sentences2011Did the circuit court err in its affirmance of the decision of the ALJ, finding that the Petitioner's right to consult with counsel prior to an election on submitting to a chemical breath test, as established in Sites v. State, 300 Md. 702 [ 481 A.2d 192 ] (1984), did not apply to the administrative license suspension hearing, and in denying his motion for "no action" on those grounds? 2. 2011Did the circuit court err in its affirmance of the decision of the ALJ, finding that the Petitioner's right to consult with counsel prior to an election on submitting to a chemical breath test, as established in Sites v. State, 300 Md. 702 [ 481 A.2d 192 ] (1984), did not apply to the administrative license suspension hearing, and in denying his motion for "no action" on those grounds? 2. | 1 | 2 |
Patricia S. Reed, Comm., W. Va. DMV v. Jeffrey Hillgreen2 sentences2022Id. at 505, 511 (citations omitted). 2022In Reed, id. at 514 , although preliminary - 29 - breath test results were properly excluded because the observation time was not complied with in terms of the length of time of observation, the Court concluded that the secondary chemical breath test results were improperly excluded by the trial court, as the officer testified that the defendant was in his presence and view during the twenty-minute observation period and he ensured that the defendant had nothing in his mouth during that time. | 1 | 1 |
Fowler v. Motor Vehicle Administrationgreen2 sentences2008See also Fowler v. MVA, 394 Md. 331, 337 , 906 A.2d 347, 350 (2006) (“The use of this form is intended, first, to advise the arrested driver of the consequences of refusing or failing a chemical breath test and, second, to certify that the officer complied with the ... advice of rights requirement.”). 2008See also Fowler v. MVA, 394 Md. 331, 337 , 906 A.2d 347, 350 (2006) (“The use of this form is intended, first, to advise the arrested driver of the consequences of refusing or failing a chemical breath test and, second, to certify that the officer complied with the ... advice of rights requirement.”). | 1 | 1 |
Forman v. Motor Vehicle Administrationgreen2 sentences2006See § 16 — 205.1(b)(l)(i); Forman v. Motor Vehicle Admin., 332 Md. 201, 206 , 630 A.2d 753, 756 (1993) (stating that the strict penalty for refusing to take a breath test “is designed to encourage licensees to take, rather than to refuse” alcohol concentration breath tests). 2006See § 16 — 205.1(b)(l)(i); Forman v. Motor Vehicle Admin., 332 Md. 201, 206 , 630 A.2d 753, 756 (1993) (stating that the strict penalty for refusing to take a breath test “is designed to encourage licensees to take, rather than to refuse” alcohol concentration breath tests). | 1 | 1 |
Motor Vehicle Administration v. Shradergreen2 sentences2004Thus, expediently and efficiently suspending the Maryland driving privileges of suspected drunk drivers for failing to submit to a chemical breath test also serves the legislative purpose in designing § 16-205.1 “for the protection of the public and not primarily for the protection of the accused,” Richards, 356 Md. at 373 , 739 A.2d at 68 (quoting Motor Vehicle Administration v. Shrader, 324 Md. 454, 464 , 597 A.2d 939, 943 (1991) (internal citations omitted)). 2004Thus, expediently and efficiently suspending the Maryland driving privileges of suspected drunk drivers for failing to submit to a chemical breath test also serves the legislative purpose in designing § 16-205.1 “for the protection of the public and not primarily for the protection of the accused,” Richards, 356 Md. at 373 , 739 A.2d at 68 (quoting Motor Vehicle Administration v. Shrader, 324 Md. 454, 464 , 597 A.2d 939, 943 (1991) (internal citations omitted)). | 1 | 1 |
Holbrook v. Stategreen2 sentences2004It has long been settled by this Court that “the cardinal rule of statutory interpretation is to ascertain and effectuate the intention of the legislature.” Holbrook v. State, 364 Md. 354, 364 , 772 A.2d 1240, 1245-46 (2001) (quoting In re Anthony R., 362 Md. 51, 57 , 763 A.2d 136, 139 (2000) (internal citation omitted)). 2004It has long been settled by this Court that “the cardinal rule of statutory interpretation is to ascertain and effectuate the intention of the legislature.” Holbrook v. State, 364 Md. 354, 364 , 772 A.2d 1240, 1245-46 (2001) (quoting In re Anthony R., 362 Md. 51, 57 , 763 A.2d 136, 139 (2000) (internal citation omitted)). | 1 | 1 |
In Re Anthony R.green2 sentences2004It has long been settled by this Court that “the cardinal rule of statutory interpretation is to ascertain and effectuate the intention of the legislature.” Holbrook v. State, 364 Md. 354, 364 , 772 A.2d 1240, 1245-46 (2001) (quoting In re Anthony R., 362 Md. 51, 57 , 763 A.2d 136, 139 (2000) (internal citation omitted)). 2004It has long been settled by this Court that “the cardinal rule of statutory interpretation is to ascertain and effectuate the intention of the legislature.” Holbrook v. State, 364 Md. 354, 364 , 772 A.2d 1240, 1245-46 (2001) (quoting In re Anthony R., 362 Md. 51, 57 , 763 A.2d 136, 139 (2000) (internal citation omitted)). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
Motor Vehicle Administration v. Richardsgreen2 sentences2013In the years following Amalgamated Transit Union, we have affirmed the suspension of a driver’s license for refusal to take a chemical breath test under § 16-205.1 where the police officer’s suspicion of drunk driving was first prompted by what the ALJ described as “a moderate odor of alcohol on [the driver’s] breath.” Richards, 356 Md. at 360 , 739 A.2d at 60 ; but see id. at 358-59 , 739 A.2d at 60 (quoting unattributed text characterizing the odor as “strong”). 2013In the years following Amalgamated Transit Union, we have affirmed the suspension of a driver’s license for refusal to take a chemical breath test under § 16-205.1 where the police officer’s suspicion of drunk driving was first prompted by what the ALJ described as “a moderate odor of alcohol on [the driver’s] breath.” Richards, 356 Md. at 360 , 739 A.2d at 60 ; but see id. at 358-59 , 739 A.2d at 60 (quoting unattributed text characterizing the odor as “strong”). | 1 | 2 |
| Case | Cited | Years |
|---|---|---|
State v. Scheffert
green
1 sentence2021Id. | 1 | 2021–2021 |
Motor Vehicle Administration v. Delawter
green
1 sentence2020Id. at 70–71. | 1 | 2020–2020 |
Najafi v. Motor Vehicle Administration
green
2 sentences2014On the one hand, it concluded that “based upon our jurisprudence, it is incumbent upon an officer to afford a detained driver the opportunity to consult counsel prior to having to decide whether to take *635 a chemical breath test.” 418 Md. at 179 , 12 A.3d 1255 . 2014On the one hand, it concluded that “based upon our jurisprudence, it is incumbent upon an officer to afford a detained driver the opportunity to consult counsel prior to having to decide whether to take *635 a chemical breath test.” 418 Md. at 179 , 12 A.3d 1255 . | 1 | 2014–2014 |
AGYEI-KODE v. State
green
2 sentences2011Najafi v. MVA, 415 Md. 38 , 997 A.2d 789 (2010). 2011Najafi v. MVA, 415 Md. 38 , 997 A.2d 789 (2010). | 1 | 2011–2011 |
Najafi v. MVA
green
2 sentences2011Najafi v. MVA, 415 Md. 38 , 997 A.2d 789 (2010). 2011Najafi v. MVA, 415 Md. 38 , 997 A.2d 789 (2010). | 1 | 2011–2011 |
Motor Vehicle Administration v. Shepard
green
2 sentences2011To be sure, Shepard is distinguishable from the situation here in that the Shepard driver had refused the chemical breath test after his arrest. 399 Md. at 247 , 923 A.2d at 103 . 2011To be sure, Shepard is distinguishable from the situation here in that the Shepard driver had refused the chemical breath test after his arrest. 399 Md. at 247 , 923 A.2d at 103 . | 1 | 2011–2011 |
Willis v. State
green
2 sentences2008The DR-15 Advice of Rights form, therefore, is derived from and memorializes the notice required under the Implied Consent Law, see Shepard, 399 Md. at 247 n. 3, 923 A.2d at 103 n. 3; Fowler, 394 Md. at 337-38 , 906 A.2d at 350 ; Illiano, 390 Md. at 269 n. 7, 888 A.2d at 332 n. 7; Atterbeary, 368 Md. at 496 , 796 A.2d at 85 ; Karwacki, 340 Md. at 275 , 666 A.2d at 513 ; McAvoy, 314 Md. at 512-13 , 551 A.2d at 876-77 ; Willis, 302 Md. at 368 n. 3, 488 A.2d at 174 n. 3; Sites v. State, 300 *263 Md. 702, 707 n. 1, 481 A.2d 192 , 194 n. 1 (1984), and we have had the occasion to address what notice 2008The DR-15 Advice of Rights form, therefore, is derived from and memorializes the notice required under the Implied Consent Law, see Shepard, 399 Md. at 247 n. 3, 923 A.2d at 103 n. 3; Fowler, 394 Md. at 337-38 , 906 A.2d at 350 ; Illiano, 390 Md. at 269 n. 7, 888 A.2d at 332 n. 7; Atterbeary, 368 Md. at 496 , 796 A.2d at 85 ; Karwacki, 340 Md. at 275 , 666 A.2d at 513 ; McAvoy, 314 Md. at 512-13 , 551 A.2d at 876-77 ; Willis, 302 Md. at 368 n. 3, 488 A.2d at 174 n. 3; Sites v. State, 300 *263 Md. 702, 707 n. 1, 481 A.2d 192 , 194 n. 1 (1984), and we have had the occasion to address what notice | 1 | 2008–2008 |
Motor Vehicle Administration v. Illiano
green
2 sentences2008The DR-15 Advice of Rights form, therefore, is derived from and memorializes the notice required under the Implied Consent Law, see Shepard, 399 Md. at 247 n. 3, 923 A.2d at 103 n. 3; Fowler, 394 Md. at 337-38 , 906 A.2d at 350 ; Illiano, 390 Md. at 269 n. 7, 888 A.2d at 332 n. 7; Atterbeary, 368 Md. at 496 , 796 A.2d at 85 ; Karwacki, 340 Md. at 275 , 666 A.2d at 513 ; McAvoy, 314 Md. at 512-13 , 551 A.2d at 876-77 ; Willis, 302 Md. at 368 n. 3, 488 A.2d at 174 n. 3; Sites v. State, 300 *263 Md. 702, 707 n. 1, 481 A.2d 192 , 194 n. 1 (1984), and we have had the occasion to address what notice 2008The DR-15 Advice of Rights form, therefore, is derived from and memorializes the notice required under the Implied Consent Law, see Shepard, 399 Md. at 247 n. 3, 923 A.2d at 103 n. 3; Fowler, 394 Md. at 337-38 , 906 A.2d at 350 ; Illiano, 390 Md. at 269 n. 7, 888 A.2d at 332 n. 7; Atterbeary, 368 Md. at 496 , 796 A.2d at 85 ; Karwacki, 340 Md. at 275 , 666 A.2d at 513 ; McAvoy, 314 Md. at 512-13 , 551 A.2d at 876-77 ; Willis, 302 Md. at 368 n. 3, 488 A.2d at 174 n. 3; Sites v. State, 300 *263 Md. 702, 707 n. 1, 481 A.2d 192 , 194 n. 1 (1984), and we have had the occasion to address what notice | 1 | 2008–2008 |
McAvoy v. State
green
2 sentences2008The DR-15 Advice of Rights form, therefore, is derived from and memorializes the notice required under the Implied Consent Law, see Shepard, 399 Md. at 247 n. 3, 923 A.2d at 103 n. 3; Fowler, 394 Md. at 337-38 , 906 A.2d at 350 ; Illiano, 390 Md. at 269 n. 7, 888 A.2d at 332 n. 7; Atterbeary, 368 Md. at 496 , 796 A.2d at 85 ; Karwacki, 340 Md. at 275 , 666 A.2d at 513 ; McAvoy, 314 Md. at 512-13 , 551 A.2d at 876-77 ; Willis, 302 Md. at 368 n. 3, 488 A.2d at 174 n. 3; Sites v. State, 300 *263 Md. 702, 707 n. 1, 481 A.2d 192 , 194 n. 1 (1984), and we have had the occasion to address what notice 2008The DR-15 Advice of Rights form, therefore, is derived from and memorializes the notice required under the Implied Consent Law, see Shepard, 399 Md. at 247 n. 3, 923 A.2d at 103 n. 3; Fowler, 394 Md. at 337-38 , 906 A.2d at 350 ; Illiano, 390 Md. at 269 n. 7, 888 A.2d at 332 n. 7; Atterbeary, 368 Md. at 496 , 796 A.2d at 85 ; Karwacki, 340 Md. at 275 , 666 A.2d at 513 ; McAvoy, 314 Md. at 512-13 , 551 A.2d at 876-77 ; Willis, 302 Md. at 368 n. 3, 488 A.2d at 174 n. 3; Sites v. State, 300 *263 Md. 702, 707 n. 1, 481 A.2d 192 , 194 n. 1 (1984), and we have had the occasion to address what notice | 1 | 2008–2008 |
Motor Vehicle Administration v. Atterbeary
green
2 sentences2008The DR-15 Advice of Rights form, therefore, is derived from and memorializes the notice required under the Implied Consent Law, see Shepard, 399 Md. at 247 n. 3, 923 A.2d at 103 n. 3; Fowler, 394 Md. at 337-38 , 906 A.2d at 350 ; Illiano, 390 Md. at 269 n. 7, 888 A.2d at 332 n. 7; Atterbeary, 368 Md. at 496 , 796 A.2d at 85 ; Karwacki, 340 Md. at 275 , 666 A.2d at 513 ; McAvoy, 314 Md. at 512-13 , 551 A.2d at 876-77 ; Willis, 302 Md. at 368 n. 3, 488 A.2d at 174 n. 3; Sites v. State, 300 *263 Md. 702, 707 n. 1, 481 A.2d 192 , 194 n. 1 (1984), and we have had the occasion to address what notice 2008The DR-15 Advice of Rights form, therefore, is derived from and memorializes the notice required under the Implied Consent Law, see Shepard, 399 Md. at 247 n. 3, 923 A.2d at 103 n. 3; Fowler, 394 Md. at 337-38 , 906 A.2d at 350 ; Illiano, 390 Md. at 269 n. 7, 888 A.2d at 332 n. 7; Atterbeary, 368 Md. at 496 , 796 A.2d at 85 ; Karwacki, 340 Md. at 275 , 666 A.2d at 513 ; McAvoy, 314 Md. at 512-13 , 551 A.2d at 876-77 ; Willis, 302 Md. at 368 n. 3, 488 A.2d at 174 n. 3; Sites v. State, 300 *263 Md. 702, 707 n. 1, 481 A.2d 192 , 194 n. 1 (1984), and we have had the occasion to address what notice | 1 | 2008–2008 |
Patterson v. State
neutral
2 sentences2007We granted the petition to address the following question: "Did the ALJ have substantial evidence to find the arresting officer who stopped Shepard had reasonable grounds to request a chemical breath test under [§ 16-205.1(f)(7)(i)(1) ], when the ALJ considered that Shepard was stopped for speeding 132 miles per hour, was observed at the time of his stop to have a strong odor of an alcoholic beverage on his breath, as well as watery bloodshot eyes, had a preliminary breath test result of 0.10 and was arrested based on the result of field sobriety tests, which the officer did not describe in de 2007We granted the petition to address the following question: "Did the ALJ have substantial evidence to find the arresting officer who stopped Shepard had reasonable grounds to request a chemical breath test under [§ 16-205.1(f)(7)(i)(1) ], when the ALJ considered that Shepard was stopped for speeding 132 miles per hour, was observed at the time of his stop to have a strong odor of an alcoholic beverage on his breath, as well as watery bloodshot eyes, had a preliminary breath test result of 0.10 and was arrested based on the result of field sobriety tests, which the officer did not describe in de | 1 | 2007–2007 |
Dennis v. Fire Retirement
neutral
2 sentences2005Motor Vehicle Administration v. Illiano, 387 Md. 465 , 875 A.2d 769 (2005). 2005Motor Vehicle Administration v. Illiano, 387 Md. 465 , 875 A.2d 769 (2005). | 1 | 2005–2005 |
Motor Vehicle Administration v. McDorman
green
2 sentences2005Id. at 262 , 772 A.2d at 315 . 2005Id. at 262 , 772 A.2d at 315 . | 1 | 2005–2005 |
Gillespie v. State
green
2 sentences2004As we may not add or delete any language from a statute, see Gillespie, 370 Md. at 222 , 804 A.2d at 427 , we hold that the two hour requirement proffered by respondent and imposed by the Circuit Court is not relevant in suspension hearings pursuant to § 16 — 205.1(f)(7)(i) of the Transportation Article. 2004As we may not add or delete any language from a statute, see Gillespie, 370 Md. at 222 , 804 A.2d at 427 , we hold that the two hour requirement proffered by respondent and imposed by the Circuit Court is not relevant in suspension hearings pursuant to § 16 — 205.1(f)(7)(i) of the Transportation Article. | 1 | 2004–2004 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.