Marvin Mandel, Governor                          1553

§ 16-104: Lesser included offenses.
Whenever any section of Subtitle II includes two or more separate

offenses, a charge of any one offense in that section shall include a

charge of any lesser offenses set forth in the same section.

IT SHALL BE SUFFICIENT TO CHARGE ANY PERSON
WITH A VIOLATION OF SECTION 11-901 (RECKLESS AND
NEGLIGENT DRIVING) AND SECTION 11-902 (DRIVING
WHILE INTOXICATED, IMPAIRED OR UNDER THE INFLU-
ENCE OF DRUGS) AND THE COURT IS EMPOWERED TO
MAKE A FINDING UNDER ANY SUBSECTION OF EITHER
SECTION 11-901 OR SECTION 11-902.

§ 16-105. Arrest for serious offenses.

(a)    A Police Officer may make an arrest for any of the following
serious offenses when the officer has probable cause or reasonable
grounds to believe that the person arrested has committed any of
those offenses, but the manner of making the arrest, or the force ap-
plied in making the arrest, shall be as in misdemeanor cases.

(1)    Homicide by Vehicle;

(2)    Driving, attempting to drive, OR TO BE IN ACTUAL
PHYSICAL CONTROL OF a vehicle while in an intoxicated condi-
tion, or while driving ability is impaired due to the consumption
of alcohol;

(3)    Undertaking to drive DRIVING, ATTEMPTING TO DRIVE
OR TO BE IN ACTUAL PHYSICAL CONTROL OF a vehicle while
under the influence of any narcotic drug, or any other drug to a de-
gree which renders the person incapable of safely driving a vehicle;

(4) Failure to stop, or failure to give information, or failure to
render reasonable assistance, in the event of an accident resulting in
death or personal injuries, as prescribed in Sections 10-102 and
10-104;

(5)    Failure to stop and give information in the event of an
accident resulting in damage to a vehicle or to other property legally
upon OR adjacent to a highway, as prescribed in Sections 10-103 to
10-105, inclusive;

(6)    Any offense which caused or contributed to an accident result-
ing in injury or death to any person.

(7)    RECKLESS DRIVING.

(b)    Whenever any person is arrested, as authorized in this sec-
tion, he shall be taken without unnecessary delay before the proper
Magistrate as specified in Section 16-111, except that in the case of
either of the offenses designated in paragraphs (5) and (6), a Police
Officer shall have the same discretion as provided in other cases in
Section 16-107.

§ 16-106. When person must be taken immediately before a magis-
trate.

Whenever any person is halted by a police officer for any violation
of this article not amounting to a felony and the person demands an
immediate appearance before a magistrate he shall be taken without