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MVA v. LYTLE

No. 68, Sept. Term, 2002.

821 A.2d 62 (2003)

374 Md. 37

MOTOR VEHICLE ADMINISTRATION v. Michael Patrick LYTLE.

Court of Appeals of Maryland.

April 8, 2003.

Attorney(s) appearing for the Case

Leight D. Collins, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen of MD, on brief), Glen Burnie, for petitioner.

Michael Patrick Lytle, Pasadena, for respondent.

Argued before BELL, C.J., ELDRIDGE, RAKER, WILNER, CATHELL, HARRELL, and LAWRENCE F. RODOWSKY (retired, specially assigned), JJ.

HARRELL, Judge.

I.

Respondent in this case, Michael Patrick Lytle, was arrested for Driving While Intoxicated (DWI) and administered a breathalyzer test. The relevant statutory provisions establish a rebuttable presumption that the test results generated by certain breath test instruments administered by trained test technicians are accurate. That presumption may be rebutted at an administrative evidentiary hearing...

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