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Ch. 86
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2002 LAWS OF MARYLAND
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(II) FOR EACH SUBSEQUENT VIOLATION, IMPRISONMENT NOT
EXCEEDING 1 YEAR OR A FINE NOT EXCEEDING $4,000 OR BOTH, WITH COSTS
IMPOSED AT THE DISCRETION OF THE COURT.
(2) FOR THE PURPOSE OF THIS SUBSECTION, A SUBSEQUENT VIOLATION
IS A VIOLATION WHICH:
(I) OCCURS WITHIN 2 YEARS AFTER ANY PRIOR VIOLATION OF
THIS SECTION; AND
(II) ARISES OUT OF A SEPARATE SET OF CIRCUMSTANCES.
(3) IN ADDITION TO THE PENALTIES IN PARAGRAPH (1)(II) OF THIS
SUBSECTION, THE COURT MAY ORDER THE LICENSE UNDER WHICH THE PERSON
OPERATED IN THE COMMISSION OF THE VIOLATION TO BE SUSPENDED FOR 12
MONTHS FROM THE DATE OF THE SUBSEQUENT CONVICTION.
(F) (1) THE COMMISSION MAY ADOPT RULES AND REGULATIONS
NECESSARY FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS SECTION.
(2) VIOLATION OF ANY REGULATION ADOPTED BY THE COMMISSION
UNDER THIS SUBSECTION IS A MISDEMEANOR AND IS PUNISHABLE AS PROVIDED IN
SUBSECTION (E) OF THIS SECTION.
(G) (1) THE CHIEF JUDGE OF THE DISTRICT COURT OF MARYLAND MAY
ESTABLISH, BY ADMINISTRATIVE REGULATION UNDER THE PROVISIONS OF § 1-605
OF THE COURTS ARTICLE, A SCHEDULE OF PREPAYABLE FINES FOR A FIRST
OFFENSE MISDEMEANOR VIOLATION OF THIS SECTION AND REGULATIONS ADOPTED
UNDER THIS SECTION. THE AMOUNT OF A PREPAYABLE FINE MAY BE NO MORE THAN
THE MAXIMUM AND NO LESS THAN THE MINIMUM CRIMINAL PENALTY
ESTABLISHED BY THE GENERAL ASSEMBLY IN THIS SECTION.
(2) BY PAYING A FINE SET UNDER THIS SECTION INSTEAD OF
APPEARING FOR TRIAL IN DISTRICT COURT, A PERSON IS VOLUNTARILY ACCEPTING
A CONVICTION FOR THE OFFENSE CHARGED.
(H) IF THE DISTRICT COURT OR CIRCUIT COURT IMPOSES A FINE FOR A
VIOLATION OF THIS SECTION, THE COURT SHALL COLLECT THE FINE AND FORWARD
IT TO THE COMMISSION.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
effect October 1, 2002.
Approved April 9, 2002.
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- 1232 -
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