Theodore R. McKeldin, Governor 985
of any acquittal or of the levy of a fine (including costs) by the Cir-
cuit Court in a sum less than that levied by the Magistrate, the entire
fine or the surplus held by the Clerk in excess of the fine levied by the
Circuit Court as the case may be, shall be returned to the defendant.
All fines levied by the Circuit Court for motor vehicle violations shall
be paid by the Clerk of the Circuit Court to the Department of Motor
Vehicles. In the event of the dismissal of an appeal by the defendant
before trial in the Circuit Court the said Clerk shall pay the fine,
costs, or other monetary penalty so deposited with him to the Depart-
ment of Motor Vehicles.
(d) Wherever the words "County Commissioners" appear in these
sections, they shall be taken to include the Mayor and City Council
of Baltimore City, and wherever the words "Circuit Court" appear
in these sections, they shall be taken to include the Criminal Court of
Baltimore City; wherever the words "Justice of the Peace" shall ap-
pear they shall include "Trial Magistrates."
303. (Disposition of Fines and Other Receipts of the Department),
(a) All fines, penalties, and forfeitures of bonds, or any kind of au-
thorized security, imposed or collected under any of the provisions of
this Article, except funds collected in cases in which appeals have
been taken within the time allowed by law and provided the time for
appeal has expired in the particular case, shall be paid over on the
second and fourth Mondays of each month after receipt thereof to
the Department with a statement accompanying the same, setting
forth the action or proceedings in which such monies were collected,
the name and residence of the defendant, the nature of the offense
and the fine, penalty, forfeiture or sentence, if any, imposed.
(b) The Department is hereby empowered in the name of the State
of Maryland to take all steps necessary to enforce the collection and
prompt return of all such fines, penalties and forfeitures of bonds.
(c) Any Justice of the Peace, Committing Magistrate, Trial Magis-
trate or Police Justice accepting checks, drafts or any other unsecured
evidences of debt in payment of fines, or in lieu of bail, shall do so
at his own risk, provided that nothing herein shall be taken to pro-
hibit the release of offenders on their own recognizance in proper
cases.
(d) Subject to the provisions of Sections 28, 70, 80 and 124 of this
Article, all monies received by the Department pursuant to the pro-
visions of this Article shall be accounted for and remitted by the De-
partment to the State Treasurer who, after first paying, or retaining
a sufficient amount thereof to pay, all refunds of motor vehicle regis-
tration fees in this Article provided, all the salaries and expenses of
the Department, the Traffic Court of Baltimore City, the Maryland
Traffic Safety Commission, the salaries and other expenses of the
State Roads Commission in enforcing the provisions of this Article
limiting weight, height, width and length of motor vehicles, the De-
partment of Maryland State Police and of the State Police Retire-
ment System of the State of Maryland and costs in dismissed cases
pursuant to Section 292 of this Article, shall hold the balance of said
monies in a special fund hereby created and known as the Motor
Vehicle Revenue Fund, said fund to be thereafter held and distri-
buted in accordance with the provisions applicable to said fund con-
tained in Article 89B of the Annotated Code of Maryland.
|
|