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MARVIN MANDEL, Governor
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Another difficulty is found in the reliance on the
unstated premises that the provisions concerning arrest
are intended to either compliment or modify the common
law rules of arrest, which are codified now in Article
27, §594B of the Code. (Compare e.g., §26-201 of this
title with §26-203 of this title.) Since the omitted
premises are not readily inferable on the face of the
sections, there results an overwhelming lack of clarity.
While the Commission could have attempted to "patch" some
of these gaps, only a completely new and well coordinated
rewriting of the entire subtitle could convey the intent
of the law properly and establish a comprehensible
coherent scheme. Such a rewrite requires special study
and might well affect matters of substantive policy;
consequently, it would be inappropriate for incorporation
in this bill.
The problems associated with these sections are not
merely academic. They have been the cause of uncertainty
among the law enforcement agencies charged with their
enforcement. No manner of reorganization and stylistic
change can abate this uncertainty. Accordingly, a
special committee of the Commission has been appointed to
make that study and it will submit its recommendations to
the General Assembly independent of this revision of the
Maryland Vehicle Law.
Pending review of this subtitle by the General
Assembly, the Commission has made but the most minor of
changes in them, revising only as required to correct
grammatical errors and nomenclature and to conform basic
elements of style necessary for consistency and improved
clarity.
Present Art. 66 1/2, §16—305, which relates to the
stay of judgment pending appeal, is deleted as obsolete
and superseded by Maryland District Rule 77(i).
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TITLE 27. VEHICLE LAWS—PENALTIES; DISPOSITION OF FINES
AND FORFEITURES.
27-101. PENALTIES FOR MISDEMEANOR.
(A) VIOLATION OF VEHICLE LAWS A MISDEMEANOR.
IT IS A MISDEMEANOR FOR ANY PERSON TO VIOLATE ANY OF
THE PROVISIONS OF THE MARYLAND VEHICLE LAW UNLESS THE
VIOLATION IS DECLARED TO BE A FELONY BY THE MARYLAND
VEHICLE LAW OR BY ANY OTHER LAW OF THIS STATE.
REVISOR'S NOTE: This subsection presently appears as
Art. 66 1/2, §17-101(a).
The short title "Maryland Vehicle Law" is
substituted without substantive effect for
present references to "this article". See
§11-206 of this article.
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