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PARRIS N. GLENDENING, Governor Ch. 109
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(3) A MOTION FOR A REVISION OF A JUDGMENT.
(E) THE STATE'S ATTORNEY FOR EACH COUNTY MAY:
(1) PROSECUTE A VIOLATION UNDER THIS PART IN THE SAME MANNER
AS A PROSECUTION OF A CRIMINAL CASE, INCLUDING ENTERING A NOLLE PROSEQUI
OR PLACING THE CASE ON VIOLATION ON A STET DOCKET; AND
(2) EXERCISE AUTHORITY IN THE SAME MANNER PRESCRIBED BY LAW
FOR A VIOLATION OF THE CRIMINAL LAWS OF THE STATE.
Article - Transportation
21-903.
[A person may not consume an alcoholic beverage while driving a motor vehicle
on a highway of this State.]
(A) (1) FN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) "ALCOHOLIC BEVERAGE" MEANS A SPIRITUOUS, VINOUS, MALT, OR
FERMENTED LIQUOR, LIQUID, OR COMPOUND THAT CONTAINS AT LEAST 0.5%
ALCOHOL BY VOLUME AND IS FIT FOR BEVERAGE PURPOSES.
(3) "OPEN CONTAINER" MEANS A BOTTLE, CAN, OR OTHER RECEPTACLE:
(I) THAT IS OPEN;
(II) THAT HAS A BROKEN SEAL; OR
(III) FROM WHICH THE CONTENTS ARE PARTIALLY REMOVED.
(4) (3) (I) "PASSENGER AREA" MEANS AN AREA THAT:
1. IS DESIGNED TO SEAT THE DRIVER AND ANY PASSENGER
OF A MOTOR VEHICLE WHILE THE MOTOR VEHICLE IS IN OPERATION; OR
2. IS READILY ACCESSIBLE TO THE DRIVER OR A PASSENGER
OF A MOTOR VEHICLE WHILE IN THEIR SEATING POSITIONS.
(II) "PASSENGER AREA" DOES NOT INCLUDE:
1. A LOCKED GLOVE COMPARTMENT;
2. THE TRUNK OF A MOTOR VEHICLE; OR
3. IF A MOTOR VEHICLE IS NOT EQUIPPED WITH A TRUNK,
THE AREA BEHIND THE REARMOST UPRIGHT SEAT OR AN AREA THAT IS NOT
NORMALLY OCCUPIED BY THE DRIVER OR A PASSENGER OF THE MOTOR VEHICLE.
(B) THIS SECTION APPLIES TO A MOTOR VEHICLE THAT IS DRIVEN, STOPPED,
STANDING, OR OTHERWISE LOCATED ON A HIGHWAY
(C) EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION, AN
OCCUPANT OF A MOTOR VEHICLE MAY NOT POSSESS AN OPEN CONTAINER THAT
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- 1335 -
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