Legal Opinion

Dejarnette v. State

Court of Appeals of Maryland

Decided March 25, 2022No. 41/21PublishedCited by 9 opinions

1Opinion of the Court

Alexander Dejarnette v. State of Maryland, No. 41, September Term, 2021 EVIDENTIARY TEST OF BREATH FOR ALCOHOL – CODE OF MARYLAND REGULATIONS 10.35.02.08G – TWENTY-MINUTE OBSERVATION PERIOD – COMPLIANCE – ADMISSIBILITY – Court of Appeals held that plain language of relevant statutes was clear and that statutes do not provide that breath test results are inadmissible as result of noncompliance with twenty-minute observation period set forth in Code of Maryland Regulations (“COMAR”) 10.35.02.08G. COMAR 10.35.02.08G does not contain exclusionary provision for alleged noncompliance with…

2Cases cited14 opinions

  1. Fitzgerald v. StateCourt of Appeals of Maryland · 2004
  2. Johnson v. StateCourt of Appeals of Maryland · 2020
  3. Motor Vehicle Administration v. RichardsCourt of Appeals of Maryland · 1999
  4. Montague v. StateCourt of Appeals of Maryland · 2020
  5. Brooks v. StateCourt of Appeals of Maryland · 2014

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3Cited by9 opinions

  1. State v. GaliciaCourt of Appeals of Maryland · 2022
  2. Woodlin v. StateCourt of Appeals of Maryland · 2023
  3. Admin. Off. of the Courts v. Abell Fnd.Court of Appeals of Maryland · 2022
  4. 108OAG21, Maryland Attorney General Reports2023
  5. Admin. Off. of the Courts v. Abell Fnd.Court of Appeals of Maryland · 2022

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