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1239
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MARVIN MANDEL, Governor
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be considered a charging document under
present §16—121, the citation must be only
"duly attested". Under State v. Dodd and
Baker, 17 Md. App. 693 (1973), it was held
that present §§ 16-120 and 16-121, viewed
together, do not require an oath or any other
affirmation on a citation used as a charging
document and a "signing" by the officer
suffices to meet the requirement of present
§16-121 that the citation be "duly attested".
In subsection (a) (3) of this section, the
requirement that a citation be filed with "the
District Court" is substituted for the present
requirement, adopted directly from the
corresponding UVC section, that it be filed
"with a court having jurisdiction".
In subsection (b) of this section, the
present, erroneously limited reference to a
"violation of this article or moving violation
of any traffic law or regulation of any local
authority" is deleted; see §26-407(b) of this
subtitle and the revisor's note to that
section. It should be emphasized that no
substantive change is intended by the deletion
of the specific reference to "moving
violations" under local law; the citations
provided for under this subtitle may be issued
in any event for any moving violation.
As to subsection (a)(1) of this section, the
"information required under the laws of this
State", see §26-205 of this title and §21-807
of this article.
26-410. FEES FOR SHERIFFS.
NOTWITHSTANDING ANY LOCAL LAW TO THE CONTRARY, A
SHERIFF IS NOT ENTITLED TO ANY FEE FOR SERVICES RENDERED
IN CONNECTION WITH A PROSECUTION UNDER THE VEHICLE LAWS
OF THIS STATE.
REVISOR'S NOTE: This section is new language derived
without substantive change from Art. 66 1/2,
§16-207.
This section is revised to state affirmatively
that a sheriff is not entitled to a fee for
services rendered under the vehicle laws of
this State. This revision reaches the same
result as — albeit more directly than — does
present §1-6-207, which states that the sheriff
is not entitled to any fee "in excess of the
fees prescribed for sheriffs by §7-402 of the
Courts Article...." Since CJ §7-402 is
applicable only to civil cases, the net effect
is to preclude fees for a "prosecution" under
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