Motor Vehicle Administration v. NelsonAnnotate this Case
The Court of Appeals reversed the judgment of the circuit court, holding that, under the plain language of Md. Code Ann., Transp. (TR) 16-205.1(b)(2)(ii), a law enforcement officer in requesting that a driver take an alcohol concentration test is not required specifically to advise the driver whether the test will be a blood test or a breath test.
After James Nelson crashed a vehicle that he had been driving, Corporal Brandon Foor requested that Nelson take an alcohol concentration test. Nelson refused, and Corporal Foor confiscated Nelson’s commercial driver’s license. An administrative law judge determined that Nelson had violated TR 16-205.1 and ordered that Nelson’s commercial driver’s license be disqualified for twelve months. The circuit court reversed, holding that Corporal Foor was required specifically to request that Nelson take a blood test. The Court of Appeals reversed, holding that an officer is not required specifically to request that a driver take a blood test or a breath test, and the circuit court erred in determining otherwise.