Motor Vehicle Administration v. Karwacki

BELL, Judge.

The issue this case presents is whether, at a probable cause hearing, held pursuant to Maryland Code (1977, 1992 Repl.Vol., 1994 Cum.Supp.), § 16-205.1(f)(7), of the Transportation Article, an administrative law judge (“ALJ”) may give greater credit to the sworn written statement of an absent police officer, who was not subpoenaed by either party, than to the conflicting testimony of the motorist. This ruling is precisely that which the ALJ made in suspending the driving privileges of Lee Daniel Karwacki, the respondent, for a second refusal to take an alcohol concentration test.…