|
|
|
|
|
|
|
|
|
|
|
|
|
248 LAWS OF MARYLAND Ch. 13
SATISFACTORY EVIDENCE OF IDENTITY; OR
(2) THE OFFICES HAS REASONABLE GROUNDS TO
BELIEVE THE PERSON CHARGED WILL DISREGARD A WRITTEN
PROMISE TO APPEAR.
(D) FAILURE TO OBEY CITATION.
(1) REGARDLESS OF THE DISPOSITION OF THE
CHARGE FOR WHICH THE CITATION WAS ISSUED, A PERSON MAY
NOT VIOLATE HIS WRITTEN PROMISE TO APPEAR GIVEN ON THE
ISSUANCE OF A CITATION.
(2) A WRITTEN PROMISE TO APPEAR IN COURT MAY
BE COMPLIED WITH BY AN APPEARANCE BY COUNSEL.
REVISOR'S NOTE: This section is new language derived
from Art. 1A, §10-1001(c) and revised to
conform more closely to the similar provisions
appearing in NR §1-205 as to citations by
Natural Resources Police.
The references to a violation "punishable as a
misdemeanor" are substituted for the present,
erroneous reference to "offenses...punishable
under §10-1002" of Art. 1A (presumably, as
explained below, referring to present Art. 1A,
§10-1003, now §5-1105 of this subtitle). This
change conforms to the language in NR §1—205
and avoids application of this section to more
serious felony offenses such as violation of
§5-1008 of this title on firearms or
explosives aboard aircraft, which is
transferred to this title from Art. 27 of the
Code. At the same time, it permits uniformity
of application to all misdemeanors, even those
that have specific penalties other than as
provided in §5-1105 or those that were not
originally part of present Art. 1A (see, e.g.,
§5—1007 of this title on aircraft over
Baltimore City sporting arenas).
The source law implies that any officer or
employee of the Administration could issue
citations under this section; this erroneous
implication is avoided by use of the term
"police officer", which is defined in §5—101
of this title.
In subsections (b)(6) 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
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
