Motor Vehicle Admin. v. McMillan
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At issue in this case was whether a test technician's certification that a driver refused to complete an alcohol concentration test after initially submitting to it - when coupled with the evidence that the driver had been explained the testing procedure and was in "good health" - was prima facie evidence of refusal under Md. Code Ann. Transp. 16-205.1. The ALJ and Maryland Office of Administrative Hearings found that it was and suspended the driver's commercial driver's license. The circuit court reversed, holding that the Motor Vehicle Administration failed to show evidence that the driver refused the test. The Court of Appeals reversed, holding (1) there was prima facie evidence of refusal, and (2) the ALJ's finding that the driver refused to complete the test was supported by substantial evidence.
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