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Ch. 14
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1224
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LAWS OF MARYLAND
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(8) A FORM FOR THE WRITTEN PROMISE OF THE
PERSON CHARGED TO APPEAR IN COURT; AND
(9) ANY OTHER NECESSARY INFORMATION.
(D) FIVE DAYS NOTICE REQUIRED.
THE TIME SPECIFIED IN THE NOTICE TO APPEAR MUST BE
AT LEAST 5 DAYS AFTER THE ALLEGED VIOLATION, UNLESS THE
PERSON CHARGED WITH THE VIOLATION DEMANDS AN EARLIER
HEARING.
(E) APPEARANCE TO BE IN DISTRICT COURT.
THE PLACE SPECIFIED IN THE NOTICE TO APPEAR MUST BE
BEFORE A JUDGE OF THE DISTRICT COURT, AS SPECIFIED IN
§26-401 OF THIS TITLE.
(F) WRITTEN PROMISE TO APPEAR.
THE PERSON CHARGED WITH THE VIOLATION MAY GIVE HIS
WRITTEN PROMISE TO APPEAR IN COURT BY SIGNING THE FORM
FOR WRITTEN PROMISE ON AT LEAST ONE COPY OF THE TRAFFIC
CITATION PREPARED BY THE OFFICER. IN THIS EVENT, THE
POLICE OFFICER SHALL DELIVER A COPY OF THE CITATION TO
THE PERSON AND THE OFFICER MAY NOT TAKE THE PERSON INTO
PHYSICAL CUSTODY FOR THE VIOLATION.
REVISOR'S NOTE: This section presently appears as
Art. 66 1/2, §16-109.
In subsection (a) of this section, the short
title "Maryland Vehicle Law" is substituted
for the present reference to "this article";
see §11—206 of this article. The present
reference to "Art. 89B, §66A" is deleted as
obsolete since that section is now part of the
Maryland Vehicle Law; see §21-1119 of this
article. Catchlines to the referenced
provisions are added as an aid to the reader
only; they are not intended to be part of the
substantive law (cf., Art.1, §18 of the Code)
and, for this reason, are placed in brackets.
In subsection (c) (8) of this section, new
language is added to require expressly that a
"form for the written promise ... to appear in
court" be included in the citation. The
present law states simply that " {t}he person
charged ... may give his written promise to
appear in court by signing ... the ...
citation ...." Literally, this gives rise to
an argument that signing any citation serves
as a promise to appear, even if there is no
notice to the person charged of the
consequences of that act; certainly, the
citation should be required to give that
notice and, in fact, it is current practice to
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