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Session Laws, 1972
Volume 708, Page 662   View pdf image
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662                              Laws of Maryland                      [Ch. 181

provisions of this section, he shall be taken without unnecessary delay
before the [proper magistrate] commissioner, as specified in § 16-111.

§ 16-109. When person to be given five-day notice to appear in
court.

(a) Whenever a person is halted by a police officer for an offense
punishable as a misdemeanor and which is either a violation of this
article or of §§ 231 or 232 of Article 27, as they may be amended from
time to time, or of any of §§ 135 through 157 of Article 56, compris-
ing the subtitle "Motor Vehicle Fuel Tax," as they may be amended
from time to time, or of §§ 422 or 423 of Article 81, as they may be
amended from time to time, or of § 66A of Article 89B as it may be
amended from time to time or a traffic offense under local law, and
is not taken before a [magistrate] District Court commissioner as
hereinbefore required or permitted, the officer shall prepare a written
traffic citation containing a notice to appear in court, the name and
address of the person, his driver's license number, the State regis-
tration number of his vehicle, if any, the offense charged, the time
and place the person shall appear in court, and such other pertinent
information as necessary.

(c) The place specified in the notice to appear must be before a
[magistrate] judge of the District Court as designated in § 16-111.

§ 16-109.1. Parking cases in Baltimore City.

In all cases of parking violations in Baltimore City the officer who
discovers the vehicle illegally parked, in the absence of the operator,
shall attach a summons to the vehicle in a conspicuous place or if the
operator be present deliver the summons to him. A copy of the sum-
mons shall be retained by the officer and shall bear certification under
penalty of perjury by the officer attesting the truth of the matters
therein set forth. The recipient of a summons may waive a hearing be-
fore the traffic division [of the municipal court] in the District Court
in
[of] Baltimore City at least five days prior to the date of hear-
ing set out in the summons. Provided that if the person so summoned
desires a hearing he must notify the [chief] deputy clerk of the traf-
fic division of the court of his desire at least five days prior to the
date of hearing as set forth in the summons. At the time the notice of
a desire for a hearing is given, the person summoned must also notify
the supervisor that he desires the presence of the officer who issued
the summons at the time of the hearing. If the person so summoned
does not notify the [chief] deputy clerk of the traffic division of
the court that he desires the presence of the officer at the time of the
hearing as aforesaid, it shall not be necessary that the officer who is-
sued the summons appear, and the copy of the summons bearing
the certification by the officer shall be prima facie evidence of the mat-
ters therein set forth. The appropriate authority in Baltimore City
shall cause notice of the provisions of this section to be printed clearly
and in a conspicuous place in all summons for parking violations used
in Baltimore City. Provided further that no summons shall be issued
setting a trial date less than fifteen days from the date of the offense.

§ 16-111. Appearance before [magistrate] commissioner of the
District Court
having jurisdiction.

Whenever any person is taken before a [magistrate] District
Court commissioner
or is given a written traffic citation containing a

 

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Session Laws, 1972
Volume 708, Page 662   View pdf image
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