Legal Opinion · Concurrence

Lowry v. State

Court of Appeals of Maryland

Decided March 12, 2001No. 36, Sept. Term, 2000Published

1ConcurrenceCathell, Judge

I concur with the reasoning of the Court’s opinion and its resolution of the second question; thus, I also concur in the result. I write separately because I feel that we should also *376resolve the first question. Additionally, I disagree with the views expressed in respect to that first question by Chief Judge Bell in his dissent.

While I agree that, generally, Maryland Code (1977, 1999 Repl.Vol., 2000 Cum.Supp.), section 16-205.1 of the Transportation Article1 does impose a mandatory duty upon officers to provide a test for alcohol concentration when a detained person consents to the taking of…

2Cases cited20 opinions

  1. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  2. Kaczorowski v. Mayor of BaltimoreCourt of Appeals of Maryland · 1987
  3. Williams v. Mayor of BaltimoreCourt of Appeals of Maryland · 2000
  4. Height v. StateCourt of Appeals of Maryland · 1961
  5. State v. BellCourt of Appeals of Maryland · 1998

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