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MVA v. SHEPARD

No. 88 September Term 2006.

923 A.2d 100 (2007)

399 Md. 241

MOTOR VEHICLE ADMINISTRATION v. Scott H. SHEPARD.

Court of Appeals of Maryland.

May 15, 2007.

Attorney(s) appearing for the Case

Dore J. Lebowitz, Asst. Atty. Gen. (Douglas F. Gansler, Atty. Gen., Robert C. Cain, II, Asst. Atty. Gen., on brief), Glen Burnie, for petitioner.

John F.X. Costello (John F.X. Costello & Associates, LLC, on brief), Largo, for respondent.

Argued before RAKER, CATHELL, HARRELL, BATTAGLIA, GREENE, ELDRIDGE, JOHN C. (Retired, specially assigned) and WILNER, ALAN M. (Retired, specially assigned), JJ.

RAKER, J.

This case involves the suspension of a driver's license pursuant to Md.Code (1977, 2006 Rep. Vol., 2006 Supp.) § 16-205.1 of the Transportation Article.1 Respondent's license was suspended after he refused to take an alcohol concentration test following a traffic stop for speeding. Respondent challenged the suspension before the Office of Administrative Hearings. The Administrative Law Judge ("ALJ") found respondent to be...

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