Ch. 334                                   2004 LAWS OF MARYLAND

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Transportation

16-205.

(E-1)(1) IN THIS SUBSECTION, "MOTOR VEHICLE" DOES NOT INCLUDE A
COMMERCIAL MOTOR VEHICLE.

(2) SUBJECT TO THE PROVISIONS OF THIS SUBSECTION, THE
ADMINISTRATION SHALL SUSPEND FOR 1-YEAR THE LICENSE OF A PERSON WHO IS
CONVICTED OF A VIOLATION OF § 21-902(D) OF THIS ARTICLE MORE THAN ONCE
WITHIN A 5-YEAR PERIOD.

(3) ON RECEIVING A RECORD OF A CONVICTION OF A PERSON FOR A
VIOLATION OF § 21-902(D) OF THIS ARTICLE MORE THAN ONCE WITHIN A 5-YEAR
PERIOD, THE ADMINISTRATION SHALL ISSUE TO THE PERSON A NOTICE OF
SUSPENSION OF THE PERSON'S LICENSE THAT;

(I) STATES THAT THE PERSON'S LICENSE SHALL BE SUSPENDED
FOR 1 YEAR; AND

(II) ADVISES THE PERSON OF THE RIGHT TO REQUEST A HEARING
UNDER THIS PARAGRAPH.

(4) AFTER NOTICE UNDER PARAGRAPH (3) OF THIS SUBSECTION, THE
ADMINISTRATION SHALL SUSPEND A PERSON'S LICENSE UNDER THIS SUBSECTION
IF:

(I) THE PERSON DOES NOT REQUEST A HEARING;

(II) AFTER A HEARING, THE ADMINISTRATION FINDS THAT THE
PERSON WAS CONVICTED OF MORE THAN ONE VIOLATION OF § 21-902(D) OF THIS
ARTICLE WITHIN A 5-YEAR PERIOD; OR

(III) THE PERSON FAILS TO APPEAR FOR A HEARING REQUESTED BY
THE PERSON.

(5) EACH NOTICE AND HEARING UNDER THIS SUBSECTION SHALL MEET
THE REQUIREMENTS OF TITLE 12, SUBTITLE 2 OF THIS ARTICLE.

(6) THIS SUBSECTION DOES NOT LIMIT ANY PROVISION OF THIS
ARTICLE THAT ALLOWS OR REQUIRES THE ADMINISTRATION TO REVOKE OR
SUSPEND A LICENSE OF A PERSON.

(7) A SUSPENSION IMPOSED UNDER THIS SUBSECTION SHALL BE
CONCURRENT WITH ANY OTHER SUSPENSION OR REVOCATION IMPOSED BY THE
ADMINISTRATION THAT ARISES OUT OF THE CIRCUMSTANCES OF THE CONVICTION
FOR A VIOLATION OF § 21-902(D) OF THIS ARTICLE DESCRIBED IN THIS SUBSECTION.

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