2013 Maryland Code
§ 26-405 - Lesser included offenses under §§ 21-901.1 and 21-902

MD Transp Code § 26-405 (2013) What's This?


If a person is charged with a violation of § 21-901.1 of this article (“Reckless and negligent driving”) or § 21-902 of this article (“Driving while under the influence of alcohol, while under the influence of alcohol per se, while impaired by alcohol, or while impaired by a drug, a combination of drugs, a combination of one or more drugs and alcohol, or while impaired by a controlled dangerous substance”), the court may find the person guilty of any lesser included offense under any subsection of the respective section.

§ 26-405 - 1. Disposition of penalty deposit

(a) In general. -- The disposition of a penalty deposit posted under § 26-204(d) of this title shall be as provided in this section.

(b) If defendant fails to appear. -- If the defendant does not appear on the trial date set, the deposit shall be forfeited in full as the fine on the original charge.

(c) If defendant appears. -- If the defendant does appear on the trial date set:

(1) First, the deposit shall be applied to any fine that the court imposes on the original charge; and

(2) Then, the balance of the deposit not applied to the fine shall be returned to the defendant.

Disclaimer: These codes may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.