Articles Posted in Transportation Law

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The Advice of Rights form assists law enforcement officers with making the advisements that are required by Md. Code, Transp. 16-205.1,2, (the implied consent, administrative per se law), which provides a basis for the automatic suspension of the licenses of drivers who refuse to submit to testing for alcohol and drugs. Seenath, a holder of a commercial driver’s license, argued that the Advice form violated due process under the U.S. Constitution and the Maryland Declaration of Rights because it does not advise that a holder of a commercial driver’s license who drives a non-commercial motor vehicle and fails an alcohol concentration test is ineligible for a “restrictive license,” which allows a driver to drive only for certain purposes, for example, in the course of employment. The Motor Vehicle Administration asked the Maryland Court of Appeal: “Does the standard Advice of Rights form (DR-15) provide the necessary information to a driver who holds a commercial driver’s license of the consequences of submitting to a test of blood alcohol content if the driver’s results are 0.08 or more?” That court responded “yes,” and held that the form is not misleading as to the eligibility for a restrictive license of a holder of a commercial driver’s license and comports with due process. View "Motor Vehicle Admin. v. Seenath" on Justia Law

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American Sedan Services, Inc. is a commercial transportation service that has a permit from Maryland Aviation Administration (MAA) to provide ground transportation services at the Baltimore Washington International Thurgood Marshall Airport (BWI). Vadim Roshchin, who was employed as a driver by American Sedan, was picking up passengers at BWI without displaying the permit as required by an MAA regulation when Maryland Transportation Authority (MdTA) police arrested him and impounded the American Sedan. Roshchin and American Sedan sued MAA, MdTA, the MdTA police, and the State, alleging, among other claims, false arrest and false imprisonment. The circuit court granted summary judgment for the State on all counts. The Court of Special Appeals reversed, concluding that there was no legal justification for the arrest of Roshchin. The Court of Appeals reversed, holding (1) the regulation requiring commercial transportation services to display permits was not required to be posted at the airport as a prerequisite to its enforcement; and (2) there was legal justification for the arrest, as nothing in the MAA regulation or the Transportation Article deprives a police officer of the general authority to arrest an individual who commits a misdemeanor in the presence of the officer. View "State v. Roshchin" on Justia Law

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Plaintiff, a towing company, filed a complaint and requested a declaratory judgment, a temporary restraining order, and both a preliminary and permanent injunction against the State and other governmental entities, alleging that two towing statutes enacted by the General Assembly in 2012 - Md. Code Ann., Transp. 21-10A-04(a)(3) and (a)(7) - are arbitrary, oppressive, and unreasonable, as well as unconstitutional. The trial judge granted Plaintiff’s requests for declaratory and injunctive relief. The State appealed, and the Court of Special Appeals certified to the Supreme Court three questions of law. The Court of Appeals answered the first question in the negative, thereby eliminating the need to address the remaining questions, holding that there was not a justiciable controversy where Plaintiff had not been prosecuted under the statutes, nor did Plaintiff allege or prove that there was a credible threat of prosecution for the acts proscribed by the statutes. Remanded with instructions to dismiss. View "State v. G & C Gulf" on Justia Law