WILLIAM DONALD SCHAEFER, Governor                   Ch. 253

(ii) However, when the offense for which the
judgment is being stayed is for violation of § 21-902(a) or (b)
of the Transportation Article, the court:

1.   [shall] SHALL impose a period of
probation and, as a condition of the probation, require the
person to participate in an alcohol treatment or education
program approved by the Department of Health and Mental Hygiene,
unless the court finds and affirmatively states on the record
that the interests of the person and the people of the State do
not require the imposition of this condition; AND

2.  MAY, AS A CONDITION OF PROBATION,
PROHIBIT THE PERSON FROM OPERATING A MOTOR VEHICLE UNLESS THE
MOTOR VEHICLE IS EQUIPPED WITH AN IGNITION INTERLOCK SYSTEM
PURSUANT TO UNDER § 27-107 OF THE TRANSPORTATION ARTICLE.

(iii) Any fine or pecuniary penalty imposed as
a term or condition of probation shall be within the amount
prescribed by law for a violation resulting in conviction.

(2)  Notwithstanding paragraph (1) of this subsection,
a court may not stay the entering of judgment and place a person
on probation for a second or subsequent violation of § 21-902(a)
or (b) of the Transportation Article if the second or subsequent
violation occurred within 5 years of the previous violation. A
person is in violation of § 21-902(a) or (b) if that person
receives probation under this section.

(3)  By consenting to and receiving a stay of entering
of the judgment as provided by this subsection, the person waives
the right to appeal from the judgment of guilt by the court at
any time. Prior to the person consenting to the stay of entering
of the judgment, the court shall notify the person that by
consenting to and receiving a stay of entry of judgment, the
person waives the right to appeal from the judgment of guilt by
the court at any time.

Article - Transportation

27-101.

(c) Any person who is convicted of a violation of any of
the provisions of the following sections of this article is
subject to a fine of not more than $500 or imprisonment for not
more than 2 months or both:

(1)  § 12-301(d) ("Special identification cards: Fraud
and misrepresentation prohibited");

(2)  § 14-102 ("Taking or driving vehicle without
consent of owner");

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