# Transportation (GTR)

## Title 26. Vehicle Laws -- Parties and Procedure on Citation, Arrest, Trial, and Appeal

### Subtitle 2. Citation and Arrest

#### Section 26-201

(a) A police officer may charge a person with a violation of any of the following, if the officer has probable cause to believe that the person has committed or is committing the violation:

  (1) The Maryland Vehicle Law, including any regulation adopted under any of its provisions;

  (2) A traffic law or ordinance of any local authority;

  (3) Title 9, Subtitle 2 of the Tax - General Article;

  (4) Title 9, Subtitle 3 of the Tax - General Article;

  (5) Title 10, Subtitle 4 of the Business Regulation Article;

  (6) Sec. 10-323 of the Business Regulation Article; or

  (7) Sec. 10-323.2 of the Business Regulation Article.

(b) A police officer who charges a person under this section shall issue a traffic citation, and provide a copy, to the person charged.

(c) A traffic citation issued to a person under this section shall contain:

  (1)

    (i) A notice in boldface type that, if the citation is a payable violation:

      (1) The person must comply with one of the following within 30 days after receipt of the citation:

      (A) Pay the full amount of the preset fine;

      (B) Enter into a payment plan under Sec. 7-504.1 of the Courts Article, if the defendant has at least $150 in total outstanding fines and is otherwise qualified to enter into a payment plan;

      (C) Request a hearing regarding sentencing and disposition in lieu of a trial as provided in Sec. 26-204(b)(2) of this subtitle; or

      (D) Request a trial date at the date, time, and place established by the District Court by writ or trial notice; and

      (2)

        (A) If the person fails to comply within 30 days after receipt of the citation, the Administration will be notified and may take action to suspend the person's driver's license; and

      (B) Driving on a suspended license is a criminal offense for which the person could be incarcerated; or

    (ii) If the citation is for a must-appear violation, a notice that:

      (1) The citation is a summons to appear as notified by a circuit court or the District Court through a trial notice setting the date, time, and place for the person to appear; or

      (2) A circuit court or the District Court will issue a writ setting the date, time, and place for the person to appear;

  (2) The name and address of the person;

  (3) The number of the person's license to drive, if applicable;

  (4) The State registration number of the vehicle, if applicable;

  (5) The violation or violations charged;

  (6) An acknowledgment of receipt of the citation, to be executed by the person as required under Sec. 1-605 of the Courts Article;

  (7) Near the acknowledgment, a clear and conspicuous statement that:

    (i) Acknowledgment of the citation by the person does not constitute an admission of guilt; and

    (ii) The failure to acknowledge receipt of the citation may subject the person to arrest; and

  (8) Any other necessary information.

(d) If a citation is marked "you have the right to stand trial":

  (1) The form of the defendant's copy of the citation shall include in boldface type a description of the following options:

    (i) Payment of the fine;

    (ii) Enter into a payment plan under Sec. 7-504.1 of the Courts Article, if the defendant has at least $150 in total outstanding fines and is otherwise qualified to enter into a payment plan;

    (iii) Request a trial; and

    (iv) Request a "guilty with an explanation" hearing regarding sentencing and disposition in lieu of a trial; and

  (2) The form of the "return to court" copy of the citation shall include in boldface type a check-off box for each of the options described in item (1) of this subsection.

(e) A police officer who discovers a vehicle stopped, standing, or parked in violation of Sec. 21-1003 or Sec. 21-1010 of this article shall:

  (1) Deliver a copy of a citation to the driver or, if the vehicle is unattended, attach a copy of a citation to the vehicle in a conspicuous place; and

  (2) Keep a written or electronic copy of the citation, bearing the police officer's certification under penalty of perjury that the facts stated in the citation are true.

(f)

  (1) A police officer who discovers a motor vehicle parked in violation of Sec. 13-402 of this article shall:

    (i) Deliver a copy of a citation to the driver or, if the motor vehicle is unattended, attach a copy of a citation to the motor vehicle in a conspicuous place; and

    (ii) Keep a written or electronic copy of the citation, bearing the law enforcement officer's certification under penalty of perjury that the facts stated in the citation are true.

  (2) In the absence of the driver, the owner of the motor vehicle is presumed to be the person receiving the copy of a citation or warning.

#### Section 26-202

(a) A police officer may arrest without a warrant a person for a violation of the Maryland Vehicle Law, including any rule or regulation adopted under it, or for a violation of any traffic law or ordinance of any local authority of this State, if:

  (1) The person has committed or is committing the violation within the view or presence of the officer, and the violation is any of the following:

    (i) A violation of Sec. 21-1411 or Sec. 22-409 of this article, relating to vehicles transporting hazardous materials; or

    (ii) A violation of Sec. 24-111 or Sec. 24-111.1 of this article, relating to the failure or refusal to submit a vehicle to a weighing or to remove excess weight from it;

  (2) The person has committed or is committing the violation within the view or presence of the officer, and either:

    (i) The person does not furnish satisfactory evidence of identity; or

    (ii) The officer has reasonable grounds to believe that the person will disregard a traffic citation;

  (3) The officer has probable cause to believe that the person has committed the violation, and the violation is any of the following offenses:

    (i) Driving or attempting to drive while under the influence of alcohol, while impaired by alcohol, or in violation of an alcohol restriction;

    (ii) Driving or attempting to drive while impaired by any drug, any combination of drugs, or any combination of one or more drugs and alcohol or while impaired by any controlled dangerous substance;

    (iii) Failure to stop, give information, or render reasonable assistance, as required by Sec.Sec. 20-102 and 20-104 of this article, in the event of an accident resulting in bodily injury to or death of any person;

    (iv) Driving or attempting to drive a motor vehicle while the driver's license or privilege to drive is suspended or revoked;

    (v) Failure to stop or give information, as required by Sec.Sec. 20-103 through 20-105 of this article, in the event of an accident resulting in damage to a vehicle or other property;

    (vi) Any offense that caused or contributed to an accident resulting in bodily injury to or death of any person;

    (vii) Fleeing or attempting to elude a police officer;

    (viii) Driving or attempting to drive a vehicle in violation of Sec. 16-101 of this article;

    (ix) A violation of Sec. 14-110(b), (c), (d), or (e) of this article; or

    (x) A violation of Sec. 21-1116(a) of this article that results in serious bodily injury to another person;

  (4) The person is a nonresident and the officer has probable cause to believe that:

    (i) The person has committed the violation; and

    (ii) The violation contributed to an accident; or

  (5) The officer has probable cause to believe that the person has committed the violation, and, subject to the procedures set forth in Sec. 26-203 of this subtitle, the person is issued a traffic citation and refuses to acknowledge its receipt by signature.

(b) An arrest under this section shall be made in the same manner as, and without more force than, in misdemeanor cases.

(c) A person arrested under this section shall be taken without unnecessary delay before a District Court commissioner, as specified in Sec. 26-401 of this title, unless the arresting officer in his discretion releases the individual upon the individual's written promise to appear for trial.

#### Section 26-203

(a) This section applies to all traffic citations issued under this subtitle, unless:

  (1) The person otherwise is being arrested under Sec. 26-202(a)(1), (2), (3), or (4) of this subtitle;

  (2) The person is incapacitated or otherwise unable to comply with the provisions of this section;

  (3) The citation is being issued to an unattended vehicle in violation of Sec. 21-1003 of this article; or

  (4) The citation is being issued to an unattended motor vehicle in violation of Sec. 13-402 of this article.

(b) On issuing a traffic citation, the police officer:

  (1) Shall ask the person to acknowledge receipt of a copy of the citation, as required under Sec. 1-605 of the Courts Article; and

  (2) If the person refuses to do so, shall advise the person that failure to acknowledge receipt may lead to the person's arrest.

(c)

  (1) On being advised that failure to acknowledge receipt of a copy of a citation may lead to arrest, the person may not refuse to acknowledge receipt.

  (2) If the person continues to refuse to do so, the police officer may arrest the person for violation of this section or, as provided in Sec. 26-202(a)(5) of this subtitle, for the original charge, or both.

#### Section 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;

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

    (iv) Entering into a payment plan under Sec. 7-504.1 of the Courts Article, if applicable.

  (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 Sec. 26-201(c)(1) of this subtitle, a notice for a hearing date issued in accordance with a request made under Sec. 26-201(c)(1)(i)3 of this subtitle, a writ or trial notice issued in accordance with a request made under Sec. 26-201(c)(1)(i)4 of this subtitle, or a notice to appear under Sec. 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;

  (2) Enters into a payment plan under Sec. 7-504.1 of the Courts Article, if applicable; or

  (3) Requests a new date for a trial or a hearing on sentencing and disposition.

(e)

  (1) If a person fails to pay the fine, enter into a payment plan, or request a new date for a trial or hearing under subsection (d) of this section, the Administration may suspend the driving privileges of the person.

  (2) On notice from the District Court or a circuit court that a person has paid the fine, entered into a payment plan, or requested a new date for a trial or hearing, the Administration shall withdraw the suspension of the driver's license or driving privileges of the person.

  (3) On notice from the District Court or a circuit court that a person who requested a new date for a trial or a hearing under paragraph (2) of this subsection failed to attend the new trial or hearing, the Administration shall suspend the driver's license or driving privileges of the person until the person:

    (i) Appears before the court at a trial or hearing;

    (ii) Pays the fine, if provided for in the original charge; or

    (iii) Enters into a payment plan under Sec. 5-504.1 of the Courts Article, if applicable.

(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 Sec. 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 Sec. 26-201(c)(1)(i)4 of this subtitle.

(g) With the cooperation of the District Court and circuit courts, the Administration shall develop procedures to carry out this section.

#### Section 26-206

(a) If a person fails to comply with a notice to appear in U.S. District Court contained in a traffic citation issued to him under federal traffic laws or regulations for a violation occurring in Maryland, the U.S. District Court may notify the Administration of the noncompliance.

(b) On receipt of a notice of noncompliance from the U.S. District Court, and after giving the person 10 days' written notice, the Administration may suspend the driving privileges of the person.

(c) With the cooperation of the U.S. District Court, the Administration shall develop procedures to carry out the provisions of this section that relate to the suspension of driving privileges.

#### Section 26-207

(a) If a person holding a commercial driver's license fails to comply with a notice to appear in court or a notice for failure to pay a fine for a traffic citation issued to the person under the laws or regulations of another state, and the other state's driver licensing authority notified the Administration of the noncompliance, on receipt of the notice of noncompliance and after giving the person 10 days' written notice, the Administration shall suspend the driving privileges of the person until receipt of a notice of compliance from the other state.

(b) In cooperation with other states' driver licensing authorities, the Administration shall develop procedures to carry out the provisions of this section that relate to the suspension of driving privileges.

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Md. Code Ann., Transp. (as displayed at mgaleg.maryland.gov, October 16, 2026)