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MVA v. McMILLAN

No. 60, September Term, 2010.

53 A.3d 340 (2012)

428 Md. 560

MOTOR VEHICLE ADMINISTRATION v. Donald Wade McMILLAN.

Court of Appeals of Maryland.

September 24, 2012.

Attorney(s) appearing for the Case

Leight D. Collins, Asst. Atty. Gen., Motor Vehicle Administration of Glen Burnie, MD (Douglas F. Gansler, Atty. Gen. of Maryland, Baltimore, MD), on brief, for petitioner.

No argument on behalf of respondent.

Argued before: BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, ADKINS and BARBERA, JJ.

PER CURIAM.

The issue before us is whether a test technician's certification that a driver refused to complete an alcohol concentration test after initially submitting to it — when coupled with the evidence that the driver had been explained the testing procedure and was in "good health" — is prima facie evidence of refusal under Section 16-205.1 of the Transportation Article ("TA") of the Maryland Annotated...

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