Maryland Courts and Judicial Proceedings Section 3-8A-23

Article - Courts and Judicial Proceedings

§ 3-8A-23.

      (a)      (1)      An adjudication of a child pursuant to this subtitle is not a criminal conviction for any purpose and does not impose any of the civil disabilities ordinarily imposed by a criminal conviction.

            (2)      An adjudication and disposition of a child in which the child's driving privileges have been suspended may not affect the child's driving record or result in a point assessment. The State Motor Vehicle Administration may not disclose information concerning or relating to a suspension under this subtitle to any insurance company or person other than the child, the child's parent or guardian, the court, the child's attorney, a State's Attorney, or law enforcement agency.

            (3)      Subject to paragraph (4) of this subsection, an adjudication of a child as delinquent by reason of the child's violation of the State vehicle laws, including a violation involving an unlawful taking or unauthorized use of a motor vehicle under § 7-105 or § 7-203 of the Criminal Law Article or § 14-102 of the Transportation Article shall be reported by the clerk of the court to the Motor Vehicle Administration, which shall assess points against the child under Title 16, Subtitle 4 of the Transportation Article, in the same manner and to the same effect as if the child had been convicted of the offense.

            (4)      (i)      An adjudication of a child as delinquent by reason of the child's violation of § 21-902 of the Transportation Article or a finding that a child has committed a delinquent act by reason of the child's violation of § 21-902 of the Transportation Article, without an adjudication of the child as delinquent, shall be reported by the clerk of the court to the Motor Vehicle Administration which shall:

                        1.      For a violation of § 21-902(a) or (d) of the Transportation Article, revoke the child's driving privilege in the same manner and to the same effect as if the child had been convicted of the offense;

                        2.      For a first violation of § 21-902(b) or (c) of the Transportation Article, suspend the child's driving privilege for 6 months; and

                        3.      For a second or subsequent violation of § 21-902(b) or (c) of the Transportation Article, suspend the child's driving privilege for 1 year.

                  (ii)      In the case of a finding, without an adjudication, that a child has violated § 21-902 of the Transportation Article, the Motor Vehicle Administration shall retain the report in accordance with § 16-117(b)(2) of the Transportation Article pertaining to records of licensees who receive a disposition of probation before judgment.

      (b)      An adjudication and disposition of a child pursuant to this subtitle are not admissible as evidence against the child:

            (1)      In any criminal proceeding prior to conviction; or

            (2)      In any adjudicatory hearing on a petition alleging delinquency; or

            (3)      In any civil proceeding not conducted under this subtitle.

      (c)      Evidence given in a proceeding under this subtitle is not admissible against the child in any other proceeding in another court, except in a criminal proceeding where the child is charged with perjury and the evidence is relevant to that charge and is otherwise admissible.

      (d)      An adjudication or disposition of a child under this subtitle shall not disqualify the child with respect to employment in the civil service of the State or any subdivision of the State.



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