ROBERT L. EHRLICH, JR., Governor                             Ch. 376

BY repealing and reenacting, with amendments,
Article - Transportation

Section 16-402(a)(24) and 27-101(c)(25) and (26)
Annotated Code of Maryland
(2002 Replacement Volume)

BY adding to

Article - Transportation
Section 21-902.1 and 27-101(c)(26)
Annotated Code of Maryland
(2002 Replacement Volume)

Preamble

WHEREAS,—John Elliott, a distinguished member of the United States Naval
Academy Class of 2000, was killed by a drunken driver while driving from Annapolis,
Maryland to New Jersey on July 22, 2000; and

WHEREAS,—The person whose car struck John's car had been arrested on a
drunk driving charge 3 hours earlier and released to the custody of a friend, but
nevertheless had resumed driving until the accident killed both men and injured
Kristen Hohenwarter of Westminster, Maryland; and

WHEREAS,—In the aftermath of John's death, the General Assembly believes it
important to enact a law, such as one recently enacted in New Jersey, that helps
protect innocent individuals such as John Elliott from drunk or drugged drivers who
resume driving shortly after they are arrested; now, therefore,

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Transportation

16-402.

(a) After the conviction of an individual for a violation of Title 2, Subtitle 5, §
2-209, or § 3-211 of the Criminal Law Article, or of the vehicle laws or regulations of
this State or of any local authority, points shall be assessed against the individual as
of the date of violation and as follows:

(24) Driving while impaired by alcohol or while impaired by a drug,
combination of drugs, or a combination of one or more drugs and alcohol, OR DRIVING
WITHIN 12 HOURS AFTER ARREST UNDER § 21-902.1 OF THIS ARTICLE..........8 points

21-902.1:

(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

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