Section 26-407 - Disposition and records of traffic citations. - Maryland Statutes

§ 26-407. Disposition and records of traffic citations.
 

(a)  Certain parking violation provisions not affected.- This section does not affect or modify the procedures established under Subtitle 3 of this title as to violations of parking ordinances or regulations adopted under that subtitle. 

(b)  Duty of officer issuing citation.- Each police officer who issues a traffic citation to an alleged violator of any State or local law: 

(1) Shall file an electronic or written copy of the citation promptly with the District Court; 

(2) If the person charged acknowledges receipt on a written copy of the citation, shall keep that copy to produce as evidence in court if required; and 

(3) Shall dispose of the other copies of the citation in accordance with the regulations adopted by the Administration. 

(c)  Disposition of citation filed with Court.- After the copy of a traffic citation is filed with the District Court, the citation may be disposed of only by: 

(1) Trial, dismissal of the charges, or other official action by a judge of the court; 

(2) Forfeiture of the collateral, if authorized by the court; or 

(3) Payment of a fine by the person to whom the traffic citation has been issued. 

(d)  Nol pros or stet not prohibited by this section.- This section does not prohibit the entry of a "nol pros" or "stet". 

(e)  Record of final disposition to be kept by chief executive officer.- For each traffic citation issued by a police officer under the police officer's jurisdiction, the chief executive officer of each traffic enforcement agency shall keep a record of the disposition of the charge by the District Court. 

(f)  Rulemaking power of Administration.-  

(1) Subject to the requirements of this section and in consultation with the Chief Judge of the District Court, the Administration shall adopt regulations: 

(i) To govern the distribution and disposition of written and electronic traffic citation forms; and 

(ii) To specify the records and reports required to be made of the disposition of charges. 

(2) These regulations apply to each traffic enforcement agency and police officer with authority to issue traffic citations for a violation of a State or local law. 

(3) Each police officer and the chief executive officer of each traffic enforcement agency shall make the records and reports required by these regulations. 

(g)  Nonconforming disposal prohibited; official misconduct.-  

(1) No police officer or other public employee may dispose of a traffic citation, its copies, or the record of the issuance of a traffic citation in any manner other than as required by this section and the regulations adopted by the Administration. 

(2) In addition to being unlawful, a violation of this subsection constitutes official misconduct. 
 

[An. Code 1957, art. 661/2, §§ 16-117, 16-118; 1977, ch. 14, § 2; 1985, ch. 544; 1986, ch. 4; 2007, ch. 605.]