Motor Vehicle Administration v. SmithAnnotate this Case
The Court of Appeals vacated the judgment of the circuit court affirming the finding of the administrative law judge (ALJ) that Respondent was coerced into submitting to an alcohol breath test required by Md. Code Ann. Transp. 16-205.1.
In affirming, the circuit court concluded that substantial evidence supported the ALJ’s decision that Respondent did not voluntarily submit to the testing. The ALJ found, specifically, that the due process afforded to Respondent was insufficient and that the officer’s actions impermissibly induced Respondent to submit to an alcohol breath test. The Court of Appeals disagreed, holding that the ALJ’s determination was erroneous because Respondent failed to establish that there was an insufficient advisement of rights in violation of her due process protections.