LegalFix

§ 26-201. Authority to charge; issuance and contents of traffic citations

MD Transp Code § 26-201 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(a)    A police officer may charge a person with a violation of any of the following, if the officer has probable cause to believe that the person has committed or is committing the violation:

(1)    The Maryland Vehicle Law, including any regulation adopted under any of its provisions;

(2)    A traffic law or ordinance of any local authority;

(3)    Title 9, Subtitle 2 of the Tax – General Article;

(4)    Title 9, Subtitle 3 of the Tax – General Article;

(5)    Title 10, Subtitle 4 of the Business Regulation Article;

(6)    § 10–323 of the Business Regulation Article; or

(7)    § 10–323.2 of the Business Regulation Article.

(b)    A police officer who charges a person under this section shall issue a traffic citation, and provide a copy, to the person charged.

(c)    A traffic citation issued to a person under this section shall contain:

(1)    A notice in boldface type that, if the citation is a payable violation:

(i)    The person must comply with one of the following within 30 days after receipt of the citation:

1.    Pay the full amount of the preset fine;

2.    Request a hearing regarding sentencing and disposition in lieu of a trial as provided in § 26–204(b)(2) of this subtitle; or

3.    Request a trial date at the date, time, and place established by the District Court by writ or trial notice; and

(ii)    1.    If the person fails to comply within 30 days after receipt of the citation, the Administration will be notified and may take action to suspend the person’s driver’s license; and

2.    Driving on a suspended license is a criminal offense for which the person could be incarcerated; or

(2)    If the citation is for a must–appear violation, a notice that:

(i)    The citation is a summons to appear as notified by a circuit court or the District Court through a trial notice setting the date, time, and place for the person to appear; or

(ii)    A circuit court or the District Court will issue a writ setting the date, time, and place for the person to appear;

(3)    The name and address of the person;

(4)    The number of the person’s license to drive, if applicable;

(5)    The State registration number of the vehicle, if applicable;

(6)    The violation or violations charged;

(7)    An acknowledgment of receipt of the citation, to be executed by the person as required under § 1–605 of the Courts Article;

(8)    Near the acknowledgment, a clear and conspicuous statement that:

(i)    Acknowledgment of the citation by the person does not constitute an admission of guilt; and

(ii)    The failure to acknowledge receipt of the citation may subject the person to arrest; and

(9)    Any other necessary information.

(d)    If a citation is marked “you have the right to stand trial”:

(1)    The form of the defendant’s copy of the citation shall include in boldface type a description of the following options:

(i)    Payment of the fine;

(ii)    Request a trial; and

(iii)    Request a “guilty with an explanation” hearing regarding sentencing and disposition in lieu of a trial; and

(2)    The form of the “return to court” copy of the citation shall include in boldface type a check–off box for each of the options described in item (1) of this subsection.

(e)    A police officer who discovers a vehicle stopped, standing, or parked in violation of § 21–1003 or § 21–1010 of this article shall:

(1)    Deliver a copy of a citation to the driver or, if the vehicle is unattended, attach a copy of a citation to the vehicle in a conspicuous place; and

(2)    Keep a written or electronic copy of the citation, bearing the police officer’s certification under penalty of perjury that the facts stated in the citation are true.

(f)    (1)    A police officer who discovers a motor vehicle parked in violation of § 13–402 of this article shall:

(i)    Deliver a copy of a citation to the driver or, if the motor vehicle is unattended, attach a copy of a citation to the motor vehicle in a conspicuous place; and

(ii)    Keep a written or electronic copy of the citation, bearing the law enforcement officer’s certification under penalty of perjury that the facts stated in the citation are true.

(2)    In the absence of the driver, the owner of the motor vehicle is presumed to be the person receiving the copy of a citation or warning.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
§ 26-201. Authority to charge; issuance and contents of traffic citations