Ch. 562                                          LAWS OF MARYLAND

before the court orders a fine, pecuniary penalty, or restitution
the person is entitled to notice and a hearing to determine the
amount of the fine, pecuniary penalty, or restitution, what
payment will be required, and how payment will be made. The
terms and conditions also may include any type of rehabilitation
program or clinic, or similar program, or the parks program or
voluntary hospital program.

(ii) However, when the offense for which the
judgment is being stayed is for violation of ANY PROVISION OF §
21-902[(a) or (b)] of the Transportation Article, the court 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.

(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 ANY
PROVISION 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

21-902.

(a)  A person may not drive or attempt to drive any vehicle
while intoxicated.

(b)  A person may not drive or attempt to drive any vehicle
while under the influence of alcohol.

(c) (1) A person may not drive or attempt to drive any
vehicle while he is so far under the influence of any drug, any

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