New Maryland Court of Appeals Opinion Involving Alcohol Breath Test

The Maryland Court of Appeals made us all a little bit safer by its ruling in MVA v. Dove. I like safer. Whether there was justice in this individual case, I have no idea.

In Dove, the defendant rear-ends a car while driving his motorcycle on Route 4 in Calvert County. When the Calvert County Sheriff’s Office arrived at the scene they found the Defendant being treated by the EMT. The officer noticed red, watery eyes and a strong odor of alcohol coming from him. He used the “I had one beer” defense and said he was afraid of needles so he couldn’t take a blood test to determine his BAC.

The court overturned a Calvert County judge who found that MVA could not suspend the Defendant’s license.

I think you should have to take a blood test and your license should be suspended if you don’t. I think this is a policy that will save lives in the long run. Whether or not ultimate justice was served in this case is a more difficult question: the Defendant’s breath test showed a 0.00. Read the full opinion for all of the details on this case. It is an interesting read.