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Ch. 26
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2002 LAWS OF MARYLAND
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(1) A DEFENDANT WHO HAS BEEN FOUND GUILTY OF A CODE
VIOLATION HAS THE RIGHT TO APPEAL OR TO FILE A MOTION FOR A NEW TRIAL OR A
MOTION FOR A REVISION OF A JUDGMENT PROVIDED BY LAW IN THE TRIAL OF A
CRIMINAL CASE.
(2) A MOTION SHALL BE MADE IN THE SAME MANNER AS PROVIDED IN
THE TRIAL OF CRIMINAL CASES, AND THE COURT, IN RULING ON THE MOTION HAS
THE SAME AUTHORITY PROVIDED IN THE TRIAL OF CRIMINAL CASES.
(M) AUTHORITY OF STATE'S ATTORNEY.
(1) THE STATE'S ATTORNEY FOR ANY COUNTY MAY PROSECUTE A CODE
VIOLATION IN THE SAME MANNER AS PROSECUTION OF A VIOLATION OF THE
CRIMINAL LAWS OF THIS STATE.
(2) IN A CODE VIOLATION CASE THE STATE'S ATTORNEY MAY:
(I) ENTER A NOLLE PROSEQUI IN OR PLACE THE CASE ON THE
STET DOCKET; AND
(II) EXERCISE AUTHORITY IN THE SAME MANNER AS PRESCRIBED
BY LAW FOR VIOLATION OF THE CRIMINAL LAWS OF THIS STATE.
REVISOR'S NOTE: Chapter 26, Acts of 2002, which enacted the Criminal Law
Article, also added this section, which is new language derived without
substantive change from former Art. 27, §§ 402 and 403.
In subsections (a) and (b) of this section, the references to this "subtitle"
are substituted for the former references to this "subheading" to reflect the
reorganization of material derived from the former "Alcoholic Beverages
Offenses and Misrepresentation of Age" subheading of Article 27 in this
subtitle. Similarly, in subsection (b) of this section, the reference to "this
section" is substituted for the former reference to "§ 403 of this
subheading".
In subsection (b)(2) of this section, the reference to the exercise of authority
by a forest or park warden in State "reservations" is substituted for the
former archaic reference to the exercise of that authority in State
"preservations" for consistency with NR § 5-206, which establishes the
authority and jurisdiction of State forest and park wardens.
In subsection (b)(3) of this section, the reference to "this article" is
substituted for the former reference to "Article 2B of the Code" to reflect
the reorganization of material derived from the former "Alcoholic
Beverages Offenses and Misrepresentation of Age" subheading of Article
27 in this article. Although "this article" is defined in § 1-102(a)(25) of this
article to include portions of the Tax-General Article derived from Article
2B, none of those provisions affects any provision revised in this subtitle.
No substantive change is intended.
In subsection (c) of this section, the references to a "person authorized
under this section to issue a citation" and the "person" are substituted for
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- 1026 -
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