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MARVIN MANDEL, Governor 1221
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PROVIDED, THE PERSON, IN THE DISCRETION Of THE OFFICER,
EITHER SHALL BE GIVEN A TRAFFIC CITATION AS HEREINAFTER
PROVIDED OR BE TAKEN WITHOUT UNNECESSARY DELAY BEFORE THE
COMMISSIONER AS SPECIFIED IN §26-401 OF THIS TITLE:
(1) WHEN THE PERSON DOES NOT FURNISH SATISFACTORY
EVIDENCE OF IDENTIFY OR WHEN THE OFFICER HAS REASONABLE
AND PROBABLE GROUNDS TO BELIEVE THE PERSON WILL DISREGARD
A WRITTEN PROMISE TO APPEAR IN COURT;
(2) WHEN THE PERSON IS CHARGED WITH A VIOLATION OF
§22-409 OF THIS ARTICLE, RELATING TO VEHICLES
TRANSPORTING HAZARDOUS MATERIALS;
(3) WHEN THE PERSON IS CHARGED WITH A VIOLATION OF
§ 24-111 OR §24-111.1 OF THIS ARTICLE, RELATING TO THE
FAILURE OR REFUSAL TO SUBMIT A VEHICLE TO A WEIGHING
OR TO REMOVE EXCESS WEIGHT FROM IT.
REVISOR'S NOTE: This section presently appears as
Art. 66 1/2, §16-107.
Except for required changes in nomenclature,
this section has not been revised; see General
Revisor's Note to this title.
26-204. ARREST OF NONRESIDENT.
(A) APPLICATION OF TITLE.
ALL OF THE PROVISIONS OF THIS TITLE APPLY BOTH TO
RESIDENTS AND NONRESIDENTS OF THIS STATE, OR OF A STATE
WHICH DOES NOT HAVE A RECIPROCAL AGREEMENT WITH THE STATE
OF MARYLAND EXCEPT THE SPECIAL PROVISIONS IN THIS SECTION
WHICH SHALL GOVERN IN RESPECT TO NONRESIDENTS UNDER THE
CIRCUMSTANCES HEREIN STATED.
(B) AUTHORITY TO ARREST WITHOUT WARRANT.
A POLICE OFFICES AT THE SCENE OF A TRAFFIC ACCIDENT
MAY ARREST, WITHOUT A WARRANT, ANY NONRESIDENT DRIVER WHO
IS INVOLVED IN THE ACCIDENT IF:
(1) BASED ON PERSONAL INVESTIGATION, THE
POLICE OFFICER HAS REASONABLE AND PROBABLE GROUNDS TO
BELIEVE THAT THE DRIVER HAS COMMITTED AN OFFENSE UNDER
THE MARYLAND VEHICLE LAW IN CONNECTION WITH THE ACCIDENT;
AND
(2) THE OFFICER HAS REASONABLE AND PROBABLE
GROUNDS TO BELIEVE THAT THE PERSON WILL DISREGARD A
WRITTEN PROMISE TO APPEAR IN COURT.
(C) ARRESTED PERSON TO BE TAKEN BEFORE
COMMISSIONER.
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WHENEVER ANY PERSON IS ARRESTEE UNDER THE PROVISIONS
OF THIS SECTION, HE SHALL BE TAKEN WITHOUT UNNECESSARY
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