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ALAVEZ v. MVA

No. 28, Sept. Term, 2007.

939 A.2d 139 (2008)

402 Md. 727

Ramiro Silba ALAVEZ v. MOTOR VEHICLE ADMINISTRATION.

Court of Appeals of Maryland.

January 9, 2008.

Attorney(s) appearing for the Case

Leonard Stamm (Andrea Hayduk, Goldstein & Stamm, P.A., Greenbelt), on brief, Joseph Vallario, Jr. (Vallario & Collins, Suitland), on brief, for petitioner.

Leight D. Collins, Asst. Atty. Gen. (Douglas F. Gansler, Atty. Gen.), on brief, for respondent.

James M. Hostetler, Francis D. Murnaghan, Jr., Appellate Advocacy Fellow, Debra Gardner, Public Justice Center, Baltimore, Eliza Leighton, CASA of Maryland, Inc., Silver Spring, amicus curiae.

Argued before RAKER, HARRELL, BATTAGLIA, GREENE, JOHN C. ELDRIDGE, (Retired, Specially Assigned), ALAN M. WILNER, (Retired, Specially Assigned), DALE R. CATHELL, (Retired, Specially Assigned), JJ.

WILNER, J.

Maryland Code, § 16-103.1 of the Transportation Article (TR) provides, in relevant part, that the Maryland Motor Vehicle Administration (MVA) "may not issue a driver's license to an individual . . . [d]uring any period for which the individual's license to drive is revoked, suspended, refused, or canceled in this or any other state, unless the individual is eligible for a restricted license under § 16-113(e) of this subtitle." Less than three...

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