Maryland

CASES
  • Click here to download all Maryland cases
  • Hill v. Motor Vehicle Admin., 415 Md. 231 (2010)
    Motorist sought judicial review of order of the Motor Vehicle Administration (MVA) suspending his commercial driver's license (CDL) for his refusal to submit to breath test during stop on suspicion of drunk driving. The Circuit Court, Charles County, affirmed MVA's order. Motorist petitioned for certiorari review, which was granted. The Court of Appeals held that: [1] form that advised motorist of potential penalties for failing or refusing to submit to breath test clearly advised motorist that his CDL would be disqualified if he refused the test, and [2] form that was read to motorist during stop was not incompatible with the General Assembly's legislative intent with respect to the stricter sanctions imposed upon holders of CDLs. Affirmed.
  • Motor Vehicle Admin. v. Aiken, 418 Md. 11 (2011)
    Driver petitioned for judicial review of ALJ's decision upholding the administrative suspension of her license for breath test results indicating an alcohol concentration of .16 at the time of testing. The Circuit Court, Montgomery County, reversed the decision of the ALJ. Motor Vehicle Administration (MVA) petitioned for writ of certiorari. The Court of Appeals held that: [1] form satisfied the requirements of the sworn statement required by implied consent law and, thus, satisfied MVA's burden to present a prima facie case for suspension, and [2] MVA did not need to establish that test result was obtained by a qualified person using equipment approved by the State toxicologist, in order to prove a prima facie case for suspension. Reversed.
  • Motor Vehicle Admin. v. Carpenter, 424 Md. 401 (2012)
    Driver sought judicial review of decision of administrative law judge that suspended his driver's license for refusal to submit to a chemical breath test. The Circuit Court, Cecil County, reversed the suspension. Motor Vehicle Administration filed petition for writ of certiorari The Court of Appeals held that police officer had reasonable grounds to believe driver was driving under the influence of alcohol. Judgment of Circuit Court reversed and case remanded with directions.
  • Motor Vehicle Administration v. Deering, 438 Md. 611 (2014)
    Motorist sought judicial review of administrative suspension of her driving privileges after she was suspected of drunk driving and failed breath test, alleging she had a pre-test right to consult counsel, which was denied. The Circuit Court, Somerset County, reversed. Motor Vehicle Administration filed petition for writ of certiorari, which was granted. The Court of Appeals held that motorist remained subject to administrative license suspension that the implied consent, administrative per se law, assigned even though she was denied the opportunity to consult counsel before deciding whether to take a breath test. Reversed and remanded with directions.
  • Motor Vehicle Admin. v. Dove, 413 Md. 70 (2010)
    Motorist sought judicial review of decision of administrative law judge (ALJ) to uphold suspension of his driver's license for refusing to submit to blood test for alcohol concentration. The Circuit Court, Calvert County reversed. State petitioned for writ of certiorari. The Court of Appeals held that: [1] there was sufficient evidence that motorist was required to be removed to medical facility, as required to find that only alcohol concentration testing option available to him was a blood test; [2] motorist's offer to take a breath test instead of a blood test constituted refusal to take an alcohol concentration test; and [3] breath test administered by hospital staff did not permit withdrawal of motorist's refusal to submit to blood test. Reversed and remanded.
  • Motor Vehicle Admin. v. Jaigobin, 413 Md. 191 (2010)
    Holder of commercial driver's license sought review of decision by the Motor Vehicle Administration disqualifying his commercial driver's license for one year following his acceptance of probation before judgment on charge of driving under the influence per se. The Circuit Court, Montgomery County, reversed. Administration petitioned for writ of certiorari. Upon grant of certiorari, the Court of Appeals held that probation before judgment (PBJ) constituted a "conviction" as that term was defined in the Maryland Commercial Driver's License Act. Reversed and remanded with directions.
  • Motor Vehicle Admin. v. Lipella, 427 Md. 455 (2012)
    Motorist sought judicial review of the 90- day suspension of his driver's license by the Motor Vehicle Administration (MVA). The Circuit Court, Washington County, reversed the MVA's decision. Appeal was taken. The Court of Appeals held that: [1] alcohol influence report was admissible, and [2] substantial evidence supported suspension of motorist's driver's license. Reversed and remanded.
  • Motor Vehicle Admin. v. Loane, 420 Md. 211 (2011)
    After driver's license was suspended due to driver's refusal to submit to a chemical breath test, driver appealed the suspension. An administrative law judge (ALJ) affirmed the suspension. Driver sought judicial review. The Circuit Court, Anne Arundel County, reversed and remanded. The Motor Vehicle Administration (MVA) filed a petition for a writ of certiorari. After granting certiorari the Court of Appeals held that at a license suspension hearing based on a violation of the implied consent law, the MVA was not required to establish that the officer stopped the suspected drunk driver on a highway or publicly-used private property. Reversed and remanded.
  • Motor Vehicle Admin. v. McMillan, 428 Md. 560 (2012)
    Motorist sought judicial review of decision of Motor Vehicle Administration (MVA) suspending his driver's license under implied consent law. The Circuit Court, Cecil County, reversed. MVA filed petition for certiorari, which was granted The Court of Appeals held that: [1] test technician's certification was prima facie evidence that motorist refused to complete the alcohol concentration test, and [2] substantial evidence supported administrative law judge's (ALJ) finding that motorist refused to complete the test. Reversed and remanded with instructions.
  • Motor Vehicle Admin. v. Salop, 439 Md. 410 (2014)
    Licensee sought judicial review of decision of an administrative law judge (ALJ) of the Office of Administrative Hearings (OAH) upholding suspension of licensee's driver's license by the Motor Vehicle Administration (MVA) due to speeding citation in another state. The Circuit Court, Montgomery County, reversed. MVA petitioned for a writ of certiorari, which was granted. The Court of Appeals held that payment of fine for speeding citation constituted a conviction within meaning of interstate Driver License Compact. Reversed and remanded with instructions.
  • Motor Vehicle Admin. v. Sanner, 434 Md. 20 (2013)
    Motorist sought judicial review of a decision of an order of the Motor Vehicle Administration upholding order suspending motorist's driver's license. The Circuit Court, Carroll County, reversed. The MVA filed petition for writ of certiorari. The Court of Appeals held that trooper had reasonable grounds to request an alcohol content test of motorist involved in accident. Reversed and remanded.
  • Motor Vehicle Admin. v. Shea, 415 Md. 1 (2010)
    Driver sought review of Administrative Law Judge's (ALJ) decision upholding his driver's license suspension after a breath test determined his blood alcohol concentration (BAC) was over the legal limit. The Circuit Court, Baltimore County, reversed. The Motor Vehicle Administration petitioned for writ of certiorari. Upon grant of certiorari, the Court of Appeals held that: [1] Fourth Amendment fruit of the poisonous tree doctrine was inapplicable to license suspension proceedings conducted pursuant to the implied consent law; and [2] administrative record contained substantial evidence to support ALJ's final decision that officer had requisite reasonable grounds to request driver to take breath test. Vacated and remanded.
  • Motor Vehicle Admin. v. Spies, 436 Md. 363 (2013)
    Motorist challenged the suspension of his driver's license for refusing to take test for alcohol content. The administrative law judge (ALJ) affirmed the 120–day suspension of motorist's license. Motorist filed petition for judicial review of the administrative decision. The Circuit Court, Queen Anne's County, reversed the ALJ's decision. The Motor Vehicle Administration (MVA) filed petition for writ of certiorari. The Court of Appeals held that moderate odor of alcohol emanating from the person of motorist, alone, provided an adequate basis for a law enforcement officer to suspect that the motorist was driving while under the influence of, or impaired by, alcohol and, therefore, constituted reasonable grounds to request the motorist to take an alcohol content test. Reversed and remanded with direction.
  • Najafi v. Motor Vehicle Admin., 418 Md. 164 (2011)
    Driver petitioned for judicial review of ALJ's suspension of his driver's license for refusal to submit to a chemical breath test after being detained on suspicion of driving under the influence of alcohol. The Circuit Court, Montgomery County, affirmed. Driver filed petition for writ of certiorari. The Court of Appeals held that: [1] officer afforded driver a reasonable opportunity to consult counsel; [2] requirements of due process were met when driver was properly advised of the possible administrative sanctions that he could face under the implied consent statute for refusal to submit to a chemical breath test; and [3] substantial evidence supported ALJ's finding that driver refused to take chemical breath test. Judgment of Circuit Court affirmed.
  • Schramm v. Foster, 341 F.Supp.2d 536 (D. Md. 2004)
    Parents of minor motorist who was injured in collision, individually and as motorist's guardian, as well as motorist's passenger and his parents, brought personal injury actions against driver of tractor-trailer involved in collision, driver's employer, and company that brokered shipment being transported by driver, alleging negligence, negligent entrustment, negligent hiring, and violations of Motor Carrier Act (MCA) and federal motor carrier safety regulations. Plaintiffs and shipment broker cross-moved for summary judgment on issues of broker's liability. The court held that a principal / agent relationship did not exist between tractor-trailer driver and broker; and that the broker was not vicariously liable for any negligence by driver, even if driver was its agent. The broker could not be held liable for negligent entrustment under Maryland law. Further still, the MCA does not create private right of action for personal injuries and in any event, liability did not exist under MCA, even if private right of action existed.
  • Thomas v. Motor Vehicle Admin., 418 Md. 280 (2011)
    Motorist sought judicial review of ALJ's decision to suspend motorist's driver's license for refusal to take chemical breath test. The Circuit Court, Prince George's County, Michael R. Pearson, J., affirmed. Motorist filed petition for writ of certiorari, which was granted. Holdings: The Court of Appeals, Adkins, J., held that: [1] statute imposing administrative sanctions on drivers for refusal to submit to a test to determine alcohol concentration does not require a police officer to make an arrest or formally charge a driver before requesting that driver submit to chemical breath test, and [2] police officer's failure to administer preliminary breath test to motorist after motorist agreed to take the test did not impermissibly confuse motorist as to motorist's subsequent refusal to take chemical breath test. Affirmed.

Demo Content

STATUTES

Adoption of Federal Regulations

What Constitutes a CMV

Major Disqualifying Offenses

Major Disqualifying Offenses (Alcohol)

Serious Traffic Offenses

Identification of Conviction

Masking Convictions

10-Day Posting Requirement

Other CDL Provisions