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


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

§26-405.

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.

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