State v. Werkheiser

COUCH, Judge.

In this instance we are presented with the question whether dismissal is the appropriate sanction, in a criminal case involving driving while intoxicated or under the influence of alcohol, where the provisions of Maryland Code (1977, 1983 Cum.Supp.), Transportation Article, § 16-205.-l(d)(l)(iii), 1 were not complied with. We conclude dismissal not to have been appropriate and therefore reverse.

Pursuant to Maryland Rule 828g, the parties agreed to a Statement of Facts.

On October 22, 1982, appellee, Robert Buck Werkheiser, was involved in a single car accident on State Route 305…