§ 10-119. Citation
West's Annotated Code of MarylandCriminal LawEffective: May 3, 2023
Effective: May 3, 2023
MD Code, Criminal Law, § 10-119
Formerly cited as MD CODE Art. 27, § 402; MD CODE Art. 27, § 403
§ 10-119. Citation
(a)(1) A person shall be issued a citation under this section if the person violates:
(b)(1) A citation for a violation of §§ 10-113 through 10-115 or a violation of § 10-118 of this part or § 6-321 or § 6-322 of the Alcoholic Beverages and Cannabis Article may be issued by:
(iii) subject to paragraphs (2) and (3) of this subsection, in Anne Arundel County, Frederick County, Harford County, Howard County, Kent County, Montgomery County, Prince George's County, and Talbot County, and only in the inspector's jurisdiction, an alcoholic beverages inspector who investigates license violations under the Alcoholic Beverages and Cannabis Article.
(2) In Anne Arundel County, Frederick County, Harford County, Howard County, Kent County, Montgomery County, Prince George's County, and Talbot County, the inspector shall successfully complete an appropriate program of training in the proper use of arrest authority and pertinent police procedures as required by the board of license commissioners.
(c) A person authorized under this section to issue a citation shall issue it if the person has probable cause to believe that the person charged is committing or has committed a Code violation.
(d)(1) Subject to paragraph (2) of this subsection, the form of citation issued to an adult shall be as prescribed by the District Court and shall be uniform throughout the State.
(e)(1) Except for a citation subject to the jurisdiction of a circuit court, the issuing jurisdiction shall forward a copy of the citation and a request for trial to the District Court in the district having venue.
(f)(1) For purposes of this section, a violation of §§ 10-113 through 10-115 or a violation of § 10-118 of this part or § 6-321 or § 6-322 of the Alcoholic Beverages and Cannabis Article is a Code violation and is a civil offense.
(g) In any proceeding for a Code violation:
(h)(1) This subsection does not apply to a person who commits a Code violation under § 6-321 or § 6-322 of the Alcoholic Beverages and Cannabis Article.
(i) When a defendant has been found guilty of a Code violation and a fine has been imposed by the court:
(j)(1) The defendant is liable for the costs of the proceedings in the District Court and for payment to the Criminal Injuries Compensation Fund.
(k)(1) In this subsection, “driver's license” means a license or permit to drive a motor vehicle that is issued under the laws of this State or any other jurisdiction.
(l)(1) A defendant who has been found guilty of a Code violation has the right to appeal or to file a motion for a new trial or a motion for a revision of a judgment provided by law in the trial of a criminal case.
(m)(1) The State's Attorney for any county may prosecute a Code violation in the same manner as prosecution of a violation of the criminal laws of this State.
Credits
Added as Art. 2B, § 22-107, by Acts 2002, c. 26, § 4, eff. Oct. 1, 2002. Transferred to Criminal Law § 10-119 by Acts 2002, c. 213, § 1, eff. Oct. 1, 2002. Amended by Acts 2002, c. 213, § 6, eff. Oct. 1, 2002; Acts 2003, c. 13, § 1, eff. Oct. 1, 2003; Acts 2003, c. 155, § 1, eff. Oct. 1, 2003; Acts 2005, c. 268, § 1, eff. Oct. 1, 2005; Acts 2008, c. 565, § 1, eff. Oct. 1, 2008; Acts 2008, c. 566, § 1, eff. Oct. 1, 2008; Acts 2009, c. 499, § 1, eff. Oct. 1, 2009; Acts 2012, c. 508, § 1, eff. July 1, 2012; Acts 2012, c. 645, § 1, eff. July 1, 2012; Acts 2013, c. 43, § 1, eff. April 9, 2013; Acts 2014, c. 266, § 2, eff. July 1, 2014; Acts 2016, c. 228, § 1, eff. July 1, 2016; Acts 2019, c. 578, § 1, eff. Oct. 1, 2019; Acts 2021, c. 563, § 1, eff. July 1, 2021; Acts 2023, c. 49, § 6.
Formerly Art. 27, §§ 402, 403.
MD Code, Criminal Law, § 10-119, MD CRIM LAW § 10-119
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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