Motor Vehicle Administration v. McMillan

The issue before us is whether a test technician’s certification that a driver refused to complete an alcohol concentration *563test 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 Code.1 We hold that it is, affirming the findings of the Administrative Law Judge (“ALJ”) of the Maryland Office of Administrative Hearings2.

Facts and Legal Proceedings

In the early morning hours of…