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Ch. 26
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2002 LAWS OF MARYLAND
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A VIOLATION OF THIS SECTION IS HOMICIDE BY MOTOR VEHICLE OR VESSEL
WHILE IMPAIRED BY ALCOHOL.
(C) PENALTY.
A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A FELONY AND ON
CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 3 YEARS OR A FINE
NOT EXCEEDING $5,000 OR BOTH.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 388A(c).
Defined terms: "Person" § 1-101
"Vessel" § 2-101
2-505. HOMICIDE BY MOTOR VEHICLE OR VESSEL WHILE IMPAIRED BY DRUGS.
(A) PROHIBITED.
A PERSON MAY NOT CAUSE THE DEATH OF ANOTHER PERSON AS A RESULT OF
THE PERSON'S NEGLIGENTLY DRIVING, OPERATING, OR CONTROLLING A MOTOR
VEHICLE OR VESSEL WHILE THE PERSON IS SO FAR IMPAIRED BY A DRUG, A
COMBINATION OF DRUGS, OR A COMBINATION OF ONE OR MORE DRUGS AND
ALCOHOL THAT THE PERSON CANNOT DRIVE, OPERATE, OR CONTROL A MOTOR
VEHICLE OR VESSEL SAFELY.
(B) NAME OF CRIME.
A VIOLATION OF THIS SECTION IS HOMICIDE BY MOTOR VEHICLE OR VESSEL
WHILE IMPAIRED BY DRUGS.
(C) PENALTY.
A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A FELONY AND ON
CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 3 YEARS OR A FINE
NOT EXCEEDING $5,000 OR BOTH.
(D) PROHIBITED DEFENSE.
IT IS NOT A DEFENSE TO A CHARGE OF VIOLATING THIS SECTION THAT THE
PERSON IS OR WAS ENTITLED UNDER THE LAWS OF THIS STATE TO USE A DRUG,
COMBINATION OF DRUGS, OR COMBINATION OF ONE OR MORE DRUGS AND
ALCOHOL, UNLESS THE PERSON WAS UNAWARE THAT THE DRUG, COMBINATION OF
DRUGS, OR COMBINATION OF ONE OR MORE DRUGS AND ALCOHOL WOULD MAKE
THE PERSON INCAPABLE OF DRIVING, OPERATING, OR CONTROLLING A MOTOR
VEHICLE OR VESSEL IN A SAFE MANNER
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 388A(a)(4) and (d).
Defined terms: "Person" § 1-101
"Vessel" § 2-101
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- 234 -
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