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MVA v. Aiken
State: Maryland
Court: Court of Appeals
Docket No: 69/09
Case Date: 01/25/2011
Preview:Motor Vehicle Admin. v. Brittany Faith Aiken, No. 69, Sept. Term 2009 MOTOR VEHICLE ADMINISTRATION - DRUNKEN DRIVING - PRIMA FACIE CASE - In order to prove a prima facie case of drunken driving at an administrative hearing, the Motor Vehicle Administration need not present any evidence of drunken driving other than that found on the DR-15A Form. On that form, a police officer and a test technician or analyst declare and affirm that the officer had reasonable grounds to detain the driver and that the analyst performed a test for alcohol concentration. The technician or analyst also affirms, under penalty of perjury, the blood alcohol concentration of the driver and that he or she explained the testing procedure to the driver. Such certifications are sufficient to prove a prima facie case of drunken driving, absent the presentation of any evidence to the contrary.

Circuit Court for Montgomery County Case No. 301535

IN THE COURT OF APPEALS OF MARYLAND No. 69 September Term, 2009

MOTOR VEHICLE ADMINISTRATION v. BRITTANY FAITH AIKEN

Bell, C.J., Harrell Battaglia Greene Murphy Adkins Barbera, JJ.

Opinion by Barbera, J.

Filed: January 25, 2011

We are called upon in this case to construe, once again, the provisions of Maryland Code (2009 Repl. Vol.),
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