Marvin Mandel, Governor 1559
(a) The commissioner shall prescribe the form of traffic citation
to be used in all cases in which a traffic citation is issued as author-
ized or required by this subtitle, and the form of complaint or war-
rant to be used in all charges of violating any provision of this article
or of committing any traffic offense under local law.
(b) The commissioner may prescribe administrative controls and
regulations governing the disposition of forms and prescribing rec-
ords to be kept of the disposition of offenses charged therein. The
controls and regulations shall be binding upon every traffic-enforce-
ment agency, police officer, magistrate, and trial court having juris-
diction over traffic offenses and over charges of violating any provi-
sion of this article, and the executive officer of every agency, every
police officer, every magistrate, and every judge of every court shall
prepare or cause to be prepared records and reports the commis-
sioner prescribes pursuant hereto.
(c) This section does not apply to parking violations.
§ 16-118. Disposition and records of traffic citations.
(a) Every traffic-enforcement officer upon issuing a traffic cita-
tion to an alleged violator of any provision of this article or of any
traffic law or regulation of any local authority shall dispose of the
citation in accordance with the regulations of the commissioner, and
shall cause the original copy to be promptly delivered to the court in
which the case is to be heard.
(b) Upon the deposit of the original or a copy of the traffic
citation with a court having jurisdiction over the alleged offense
as aforesaid, the original or copy of the traffic citation may be
disposed of only by trial in the court or other official action by a
judge of the court, including forfeiture of the bail, or by the deposit
of sufficient bail, or payment of a fine by the person to whom the
traffic citation has been issued by the traffic-enforcement officer.
NOTHING HEREIN SHALL BE CONSTRUED TO PREVENT
THE ENTRY OF A "NOL PROS" OR "STET" BY THE STATE'S
ATTORNEY FOR BALTIMORE CITY OR ANY COUNTY OF THE
STATE.
(c) It shall be unlawful and official misconduct for any traffic
enforcement officer or other officer or public employee to dispose of
a traffic citation or copies thereof or of the record of the issuance
of the same in a manner other than as required herein or in the
commissioner's regulations.
(d) The chief administrative officer of every traffic-enforcement
agency shall require the return to him of a copy of every traffic
citation issued by an officer under his supervision to an alleged vio-
lator of any traffic law or ordinance and of all copies of every traffic
citation which has been spoiled or upon which any entry has been
made and not issued to an alleged violator.
(e) The chief administrative officer also shall maintain or cause
to be maintained in connection with every traffic citation issued by
an officer under his supervision a record of the disposition of the
charge by the court in which the original or copy of the traffic
citation was deposited.
|