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Ch. 26
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2002 LAWS OF MARYLAND
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presenting oral arguments "to the Court of Appeals" is added for clarity.
For specific provisions on automatic review of capital cases by the Court of
Appeals, see Md. Rule 8-306.
SUBTITLE 5. HOMICIDE BY MOTOR VEHICLE OR VESSEL WHILE IMPAIRED OR
UNDER THE INFLUENCE.
2-501. "UNDER THE INFLUENCE OF ALCOHOL PER SE" DEFINED.
IN THIS SUBTITLE, "UNDER THE INFLUENCE OF ALCOHOL PER SE" MEANS AN
ALCOHOL CONCENTRATION AT THE TIME OF TESTING OF 0.08 OR MORE AS
MEASURED BY GRAMS OF ALCOHOL PER 100 MILLILITERS OF BLOOD OR GRAMS OF
ALCOHOL PER 210 LITERS OF BREATH.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 388A(a)(1) and (2)(i).
The phrase "of alcohol" is added for consistency with the usage of the
defined term in this subtitle.
2-502. CONVERSION OF ALCOHOL CONCENTRATION MEASUREMENT; PRESUMPTIONS
AND EVIDENTIARY RULES.
(A) ALCOHOL CONCENTRATION MEASUREMENT.
FOR PURPOSES OF DETERMINING ALCOHOL CONCENTRATION UNDER THIS
SUBTITLE, IF THE ALCOHOL CONCENTRATION IS MEASURED BY MILLIGRAMS OF
ALCOHOL PER DECILITER OF BLOOD OR MILLIGRAMS OF ALCOHOL PER 100
MILLILITERS OF BLOOD, A COURT SHALL CONVERT THE MEASUREMENT INTO GRAMS
OF ALCOHOL PER 100 MILLILITERS OF BLOOD BY DIVIDING THE MEASUREMENT BY
1000.
(B) PRESUMPTIONS AND EVIDENTIARY RULES.
THE PRESUMPTIONS AND EVIDENTIARY RULES OF §§ 10-302,10-306,10-307, AND
10-308 OF THE COURTS ARTICLE APPLY TO A PERSON CHARGED UNDER THIS
SUBTITLE.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 388A(a)(2)(ii) and (3).
In subsection (b) of this section, the references to CJ §§ 10-302, 10-306,
and 10-308 are added for consistency within this article.
Also in subsection (b) of this section, the former defined term "impaired by
alcohol" and the reference to it "ha[ving] the meaning indicated in ... §
10-307 of the Courts Article" are deleted as implicit in the presumptions
and evidentiary rules of CJ §§ 10-302, 10-306, 10-307, and 10-308 and
because CJ § 10-307 does not define the term "impaired by alcohol".
Similarly, in subsection (b) of this section, the former reference to "§
21-902(b) of the Transportation Article" is deleted as implicit in the
reference to those "presumptions and evidentiary rules".
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- 232 -
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