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Session Laws, 2002
Volume 800, Page 4541   View pdf image
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PARRIS N. GLENDENING, Governor
S.B. 352
(b) SUBSECTION (A) OF THIS SECTION DOES NOT APPLY TO A MANDATORY
PERIOD OF SUSPENSION UNDER § 16-404(C)(3) OF THIS SUBTITLE OR A REVOCATION
FOR A SECOND OR SUBSEQUENT CONVICTION UNDER § 21 003 OF THIS ARTICLE
WITHIN A 5-YEAR PERIOD. For purposes of § 16-404 of this subtitle, if a licensee is required to drive a
motor vehicle in the course of his regular employment: (1) Suspension requires 16 points; and (2) Revocation requires 19 points. [(e)] (D) The provisions of subsection [(b)] (C) of this section do not apply to an
individual whose current accumulation of points includes points resulting from a
conviction for a violation of § 21-902 of this article. 27-101. (j) (1) In this subsection, "imprisonment" included confinement MEANS
INCLUDES CONFINEMENT IN: (1) CONFINEMENT in an AN inpatient rehabilitation or treatment center; OR (II) HOME DETENTION ON THE TERMS AND CONDITIONS THAT
CONSTITUTE RESIDENTIAL CONFINEMENT FOR THE PURPOSE OF PARTICIPATING IN
A DRUG AND ALCOHOL TREATMENT PROGRAM CERTIFIED BY THE DEPARTMENT OF
HEALTH AND MENTAL HYGIENE THAT INCLUDES ELECTRONIC MONITORING. (2) A person who is convicted of a SECOND violation of § 21-902 [(a)] of
this article within [3] 5 years after a prior conviction under that [subsection]
SECTION is subject to a mandatory minimum penalty of: (i) Imprisonment for not less than [48 consecutive] 120 hours 5
DAYS; or AND OR (ii) Community service for not less than [80 hours] 30 DAYS AS A
MANDATORY CONDITION OF PROBATION OR A SUSPENDED SENTENCE OF NOT LESS
THAN 5 DAYS. (3) A PERSON WHO IS CONVICTED OF A THIRD OR SUBSEQUENT
OFFENSE UNDER § 21-902 § 21-902(A) OF THIS ARTICLE WITHIN 5 YEARS AFTER A
PRIOR CONVICTION OF ANY OFFENSE UNDER THAT SECTION IS SUBJECT TO A
MANDATORY MINIMUM PENALTY OF: (I) IMPRISONMENT FOR NOT LESS THAN 10 DAYS; OR AND OR (II) COMMUNITY SERVICE FOR NOT LESS THAN 60 DAYS AS A
MANDATORY CONDITION OF PROBATION OR A SUSPENDED SENTENCE OF NOT LESS
THAN 10 DAYS.
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Session Laws, 2002
Volume 800, Page 4541   View pdf image
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