|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Ch. 14
|
|
|
|
|
1238
|
|
|
|
|
|
LAWS OF MARYLAND
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
DOCUMENT.
(A) WHEN CITATION IS A SUFFICIENT CHARGING
DOCUMENT.
THE FORM OF TRAFFIC CITATION PROVIDED FOR UNDER
§26-406 OF THIS SUBTITLE IS A SUFFICIENT CHARGING
DOCUMENT FOR THE PROSECUTION OF ANY OFFENSE FOR WHICH A
TRAFFIC CITATION MAY BE ISSUED UNDER THIS TITLE IF;
(1) IT INCLUDES THE INFORMATION REQUIRED
UNDER THE LAWS OF THIS STATE;
(2) IT IS SIGNED BY THE POLICE OFFICER
ISSUING THE CITATION; AND
(3) IT IS FILED WITH THE DISTRICT COURT.
(B) CASE TO BE TRIED ONLY ON PROPER CHARGING
DOCUMENT.
THE TRIAL COURT MAY TRY A CASE FOR WHICH A CHARGE IS
MADE UNDER THIS TITLE ONLY ON:
(1) A TRAFFIC CITATION THAT MEETS THE
REQUIREMENTS OF A CHARGING DOCUMENT UNDER SUBSECTION (A)
OF THIS SECTION;
(2) A WARRANT, INFORMATION, OR INDICTMENT; OR
(3) ANY OTHER CHARGING DOCUMENT AUTHORIZED BY
A RULE ADOPTED BY THE COURT OF APPEALS WITH THE
CONCURRENCE OF THE ADMINISTRATION.
REVISOR'S NOTE: This section is new language derived
without substantive change from Art. 66 1/2,
§§ 16-120 and 16-121.
In subsection (a) of this section, the
present, erroneously limited reference to a
citation as being a lawful complaint for the
purpose of prosecution under "this article"
(present Art. 66 1/2) is deleted. In this
regard, see §26—407(b) of this subtitle and
the revisor's note to that section.
In subsection (a)(2) of this section, the
requirement that a citation be "signed by the
police officer issuing the citation" is
substituted for the present requirement that a
citation be "sworn to as required under the
general laws of this State". The present
language was adopted directly from the
corresponding Uniform Vehicle Code provision
and is not compatible with the scheme of the
pertinent Maryland law. There is no
requirement under the general laws of this
State that the citation be sworn. In order to
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
