Ch. 271

1993 LAWS OF MARYLAND

[(7)] (11) Adjudication of a municipal infraction, as defined in paragraph (1)
of this subsection, is not a criminal conviction for any purpose, nor does it impose any of
the civil disabilities ordinarily imposed by a criminal conviction.

[(8)](12) In any proceeding for a municipal infraction[, it]:

(I) IT shall be the burden of the [State] MUNICIPALITY to prove
[the guilt of] THAT the defendant [to the same extent as is required by law in the trial
of criminal causes] HAS COMMITTED THE INFRACTION BY A PREPONDERANCE OF
THE CLEAR AND CONVINCING EVIDENCE, and in any such proceeding, the DISTRICT
Court shall apply the evidentiary standards as prescribed by law or rule for the trial of
[criminal] CIVIL causes [.];

[(9)] (II) [In any proceeding for a municipal infraction; the] THE DISTRICT
Court shall ensure that the defendant has received a copy of the charges against [him]
THE DEFENDANT and that [he] THE DEFENDANT understands those charges[. In such
proceedings the];

(III) THE defendant shall be entitled to cross-examine all witnesses who
appear against [him] THE DEFENDANT, to produce evidence or witnesses in [his] THE
DEFENDANT'S own behalf, or to testify in [his] THE DEFENDANT'S own behalf, if [he]
THE DEFENDANT elects to do so[.];

[(10)] (IV) [In any proceeding for a municipal infraction, a] THE
defendant shall be entitled to be represented by counsel of [his] THE DEFENDANT'S
own selection and at [his] THE DEFENDANTS own expense[.]; AND

[(11)] (V) [In any proceeding for a municipal infraction a] THE defendant
may enter a plea of guilty or not guilty OF THE INFRACTION AS CHARGED, and the
verdict of the DISTRICT Court [in such case] shall be [(i)] guilty of a municipal
infraction[, or (ii)] OR not guilty of a municipal infraction, or the DISTRICT, Court may,
before rendering judgment, place the defendant on probation[, in the. same manner and
to the same extent as is permitted by law in the trial of a criminal case].         

(13) (I) WHEN THE CHARGE FOR WHICH A CITATION IS ISSUED IS A
PERSON'S FAILURE TO COMPLY WITH THE DECISION OR ORDER OF AN
ADMINISTRATIVE BOARD, COMMISSION, OR OTHER AGENCY OF A MUNICIPALITY,
THE MUNICIPALITY SHALL ESTABLISH THAT:

1. A HEARING WAS HELD BY THE AGENCY AND THE
DEFENDANT WAS GIVEN REASONABLE NOTICE OF THE HEARING AND THE
OPPORTUNITY TO BE HEARD;

2. THE DECISION OR ORDER OF THE AGENCY WAS
DELIVERED TO THE DEFENDANT AS PROVIDED BY LAW;

3. THE DEFENDANT WAS ADVISED OF THE RIGHT TO
APPEAL THE AGENCY'S DECISION OR ORDER TO THE APPROPRIATE CIRCUIT
COURT;

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