Borbon v. Motor Vehicle Administration

RODOWSKY, Judge.

This is an action for judicial review of the suspension by the Motor Vehicle Administration (MVA) under the implied consent law of the petitioner’s motor vehicle operator’s license. The issue is whether a result of “insufficient breath” reported by a breath alcohol testing device suffices, in and of itself, to prove that the motorist refused a breath test.

Maryland Code (1977, 1992 Repl.Vol., 1996 Cum.Supp.), § 16-205.1 of the Transportation Article (TR) provides for suspensions of motor vehicle operators’ licenses for refusals to submit to chemical tests for intoxication. TR §…