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Statutes Text

Article - Transportation




§26–204.

    (a)    (1)    A person shall comply with the notice to appear contained in a writ or a trial notice issued by either the District Court or a circuit court in an action on a traffic citation.

        (2)    Unless the person charged demands an earlier hearing, a time specified to appear shall be at least 5 days after the alleged violation.

    (b)    (1)    For purposes of this section, the person may comply with the notice to appear by:

            (i)    Appearance in person;

            (ii)    Appearance by counsel; or

            (iii)    Payment of the fine for a particular offense, if provided for in the citation for that offense.

        (2)    (i)    Subject to the provisions of subparagraph (iii) of this paragraph, a person who intends to comply with the notice to appear contained in a traffic citation by appearance in person or by counsel may return a copy of the citation to the District Court within the time allowed for payment of the fine indicating in the appropriate space on the citation that the person:

                1.    Does not dispute the truth of the facts as alleged in the citation; and

                2.    Requests, in lieu of a trial, a hearing before the Court regarding sentencing and disposition.

            (ii)    A person who requests a hearing under the provisions of subparagraph (i) of this paragraph waives:

                1.    Any right to a trial of the facts as alleged in the citation; and

                2.    Any right to compel the appearance of the police officer who issued the citation.

            (iii)    A person may request a hearing under the provisions of subparagraph (i) of this paragraph only if the traffic citation is for an offense that is not punishable by incarceration.

    (c)    If a person fails to comply with a notice under § 26–201(c)(1) of this subtitle, a notice for a hearing date issued in accordance with a request made under § 26–201(c)(1)(i)2 of this subtitle, a writ or trial notice issued in accordance with a request made under § 26–201(c)(1)(i)3 of this subtitle, or a notice to appear under § 26–201(c)(2) of this subtitle, the District Court or a circuit court may:

        (1)    Except as provided in subsection (f) of this section, issue a warrant for the person’s arrest; or

        (2)    After 5 days, notify the Administration of the person’s noncompliance.

    (d)    On receipt of a notice of noncompliance from the District Court or a circuit court, the Administration shall notify the person that the person’s driving privileges shall be suspended unless, by the end of the 15th day after the date on which the notice is mailed, the person:

        (1)    Pays the fine on the original charge as provided for in the original citations; or

        (2)    Posts bond or a penalty deposit and requests a new date for a trial or a hearing on sentencing and disposition.

    (e)    If a person fails to pay the fine or post the bond or penalty deposit under subsection (d) of this section, the Administration may suspend the driving privileges of the person.

    (f)    When the offense is not punishable by incarceration, if the court notifies the Administration of the person’s noncompliance under subsection (c) of this section, a warrant may not be issued for the person under this section until 20 days after:

        (1)    The expiration of the time period required to comply with § 26–201(c)(1)(i) of this subtitle, if the person has not requested a hearing regarding sentencing and disposition or a trial date; or

        (2)    The original trial date if a trial has been scheduled in response to a request under § 26–201(c)(1)(i)3 of this subtitle.

    (g)    With the cooperation of the District Court and circuit courts, the Administration shall develop procedures to carry out those provisions of this section that relate to the suspension of driving privileges.