2021 Maryland Statutes
Criminal Law
Title 10 - Crimes Against Public Health, Conduct, and Sensibilities
Subtitle 1 - Crimes Against Public Health and Safety
Part III - Alcoholic Beverage Consumption or Possession of Open Container in Passenger Area of Motor Vehicle
Section 10-127 - Procedure

    (a)    In a proceeding for a violation under this part:

        (1)    the State has the burden to prove the guilt of the defendant to the same extent as is required by law in the trial of a criminal case;

        (2)    the court shall apply the evidentiary standards as prescribed by law for the trial of a criminal case;

        (3)    the court shall ensure that the defendant has received a copy of the charges against the defendant and that the defendant understands those charges;

        (4)    the defendant is entitled to:

            (i)    cross-examine each witness who appears against the defendant;

            (ii)    produce evidence and witnesses on the defendant’s own behalf;

            (iii)    testify on the defendant’s own behalf if the defendant chooses to do so; and

            (iv)    be represented by counsel of the defendant’s own selection and expense;

        (5)    the defendant may enter a plea of guilty or not guilty;

        (6)    the verdict shall be:

            (i)    guilty of a civil violation; or

            (ii)    not guilty of a civil violation; and

        (7)    before entering a judgment, a court may place the defendant on probation in the same manner and to the same extent as is permitted by law in a criminal case.

    (b)    If a defendant is found guilty of a violation under this part and a fine is imposed, a court may direct that the payment of the fine be suspended or deferred under conditions determined by the court.

    (c)    A defendant’s willful failure to pay a fine imposed under this part may be treated as a criminal contempt punishable as provided by law.

    (d)    A defendant who is found guilty of a violation under this part, as provided by law for a criminal case, may file:

        (1)    an appeal;

        (2)    a motion for a new trial; or

        (3)    a motion for a revision of a judgment.

    (e)    The State’s Attorney for each county may:

        (1)    prosecute a violation under this part in the same manner as a prosecution of a criminal case, including entering a nolle prosequi or placing the case on violation on a stet docket; and

        (2)    exercise authority in the same manner prescribed by law for a violation of the criminal laws of the State.