Title 26. Vehicle Laws -- Parties and Procedure on Citation, Arrest, Trial, and Appeal — Subtitle 4. Venue, Court Procedure, Bail, and Charging Documents
Statutes in effect as of October 1, 2026.
Md. Code Ann., Transp. § 26-401 (2026)
Title 26. Vehicle Laws -- Parties and Procedure on Citation, Arrest, Trial, and Appeal
Subtitle 4. Venue, Court Procedure, Bail, and Charging Documents
§ 26–401LinkCopy Citation
If a person is taken before a District Court commissioner or is given a traffic citation or a civil citation under § 21–202.1, § 21–809, § 21–810, § 21–810.1, § 21–1414, or § 24–111.3 of this article containing a notice to appear in court, the commissioner or court shall be one that sits within the county in which the offense allegedly was committed.
Md. Code Ann., Transp. § 26-402 (2026)
Title 26. Vehicle Laws -- Parties and Procedure on Citation, Arrest, Trial, and Appeal
Subtitle 4. Venue, Court Procedure, Bail, and Charging Documents
§ 26–402LinkCopy Citation
(a)
This section does not apply if the alleged offense is any of the offenses enumerated in § 26–202(a)(3)(i), (ii), (iii), and (iv) of this title.
(b)
If a police officer arrests a person and takes the person before a District Court commissioner as provided in this title, the person shall be released on issuance of a citation if:
(1)
A commissioner is not available;
(2)
A judge, clerk, or other public officer, authorized to accept bail for the court is not available; and
(3)
The person charged gives the person’s written promise to appear in court.
Md. Code Ann., Transp. § 26-403 (2026)
Title 26. Vehicle Laws -- Parties and Procedure on Citation, Arrest, Trial, and Appeal
Subtitle 4. Venue, Court Procedure, Bail, and Charging Documents
§ 26–403LinkCopy Citation
A District Court commissioner may not set bail in an amount greater than the maximum allowed as a fine for the alleged offense.
Md. Code Ann., Transp. § 26-404 (2026)
Title 26. Vehicle Laws -- Parties and Procedure on Citation, Arrest, Trial, and Appeal
Subtitle 4. Venue, Court Procedure, Bail, and Charging Documents
§ 26–404LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Guaranteed arrest bond certificate” means any certificate that is issued under this section by an insurance company or motor club to provide bail bond services to any of its insureds or members.
(3)
“Insurance company” means an insurance company that is authorized to write automobile liability insurance in this State.
(4)
“Motor club” has the meaning stated in § 26-101 of the Insurance Article.
(5)
“Surety company” means any company designated as a surety company under Title 21 of the Insurance Article.
(b)
Within the limitations of this section, the following persons may issue a guaranteed arrest bond certificate:
(1)
Any insurance company that is also a surety company; or
(2)
If acting in conjunction with a surety company, any other insurance company or any motor club.
(c)
A guaranteed arrest bond certificate shall:
(1)
Specify its expiration date; and
(2)
Contain printed statements that:
(i)
The issuer and surety company guarantee the court appearance of the person to whom the certificate is issued; and
(ii)
If the person fails to appear in court at the time of the trial, it will pay any fine or forfeiture that is imposed on the person and does not exceed $1,000.
(d)
Any surety company may become surety for persons posting guaranteed arrest bond certificates by filing an undertaking to become surety with the Insurance Administration.
(e)
(1)
A guaranteed arrest bond certificate may not be delivered or issued for delivery in this State unless the form has been filed with and approved by the Insurance Commissioner.
(2)
Unless the Insurance Commissioner affirmatively approves or disapproves the form within 30 days after it is filed with him, he is considered to have approved it.
(3)
An order of the Insurance Commissioner disapproving the form or withdrawing a previous approval shall state the reasons for the action taken.
(f)
A guaranteed arrest bond certificate may not be accepted:
(1)
As a part of a surety undertaking or bail bond requirement of more than $1,000; or
(2)
To guarantee the appearance of any person in a court of this State, if the offense charged is:
(i)
Driving or attempting to drive while under the influence of alcohol or while impaired by alcohol;
(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; or
(iii)
Any felony.�
(g)
(1)
Except as provided in subsection (f) of this section, if the offense allegedly was committed before the expiration date of the certificate, the posting of a guaranteed arrest bond certificate by the person to whom it was issued shall be accepted, instead of cash bail or other bond, to guarantee the appearance in any court in this State, at a time designated by the court, of any person arrested for a violation of:
(i)
Any provision of the Maryland Vehicle Law; or
(ii)
Any traffic law or ordinance of any political subdivision of this State.
(2)
A guaranteed arrest bond certificate posted as bail bond is subject to forfeiture if the person who posted it fails to appear in court at the time of the trial.
(3)
The provisions of this section apply to both residents and nonresidents of this State.
Md. Code Ann., Transp. § 26-405 (2026)
Title 26. Vehicle Laws -- Parties and Procedure on Citation, Arrest, Trial, and Appeal
Subtitle 4. Venue, Court Procedure, Bail, and Charging Documents
§ 26–405LinkCopy Citation
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.
Md. Code Ann., Transp. § 26-405.1 (2026)
Title 26. Vehicle Laws -- Parties and Procedure on Citation, Arrest, Trial, and Appeal
Subtitle 4. Venue, Court Procedure, Bail, and Charging Documents
§ 26–405.1LinkCopy Citation
(a)
The disposition of a penalty deposit posted under § 26-204(d) of this title shall be as provided in this section.
(b)
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 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.
Md. Code Ann., Transp. § 26-407 (2026)
Title 26. Vehicle Laws -- Parties and Procedure on Citation, Arrest, Trial, and Appeal
Subtitle 4. Venue, Court Procedure, Bail, and Charging Documents
§ 26–407LinkCopy Citation
(a)
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)
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)
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)
This section does not prohibit the entry of a “nol pros” or “stet”.
(e)
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)
(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)
(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.
Md. Code Ann., Transp. § 26-408 (2026)
Title 26. Vehicle Laws -- Parties and Procedure on Citation, Arrest, Trial, and Appeal
Subtitle 4. Venue, Court Procedure, Bail, and Charging Documents
§ 26–408LinkCopy Citation
(a)
A person may not cancel a traffic citation in any manner other than as provided in this subtitle.
(b)
A person may not solicit another person to cancel a traffic citation in any manner other than as provided in this subtitle.
Md. Code Ann., Transp. § 26-409 (2026)
Title 26. Vehicle Laws -- Parties and Procedure on Citation, Arrest, Trial, and Appeal
Subtitle 4. Venue, Court Procedure, Bail, and Charging Documents
§ 26–409LinkCopy Citation
(a)
The form of traffic citation provided for under § 1–605 of the Courts Article is a sufficient charging document for the prosecution of any offense for which a traffic citation may be issued under this title if:
(1)
It includes the information required under the laws of this State;
(2)
It is executed by the police officer issuing the citation as required under § 1–605 of the Courts Article; and
(3)
It is filed with the District Court as required under § 1–605 of the Courts Article.
(b)
The trial court may try a case for which a charge is made under this title only on:
(1)
A traffic citation that meets the requirements of a charging document under subsection (a) of this section;
(2)
A warrant, information, or indictment; or
(3)
Any other charging document authorized by a rule adopted by the Supreme Court of Maryland with the concurrence of the Administration.
Md. Code Ann., Transp. § 26-410 (2026)
Title 26. Vehicle Laws -- Parties and Procedure on Citation, Arrest, Trial, and Appeal
Subtitle 4. Venue, Court Procedure, Bail, and Charging Documents
§ 26–410LinkCopy Citation
Notwithstanding any local law to the contrary, a sheriff is not entitled to any fee for services rendered in connection with a prosecution under the vehicle laws of this State in excess of the fees prescribed for sheriffs by § 7-402 of the Courts Article.
Md. Code Ann., Transp. § 26-411 (2026)
Title 26. Vehicle Laws -- Parties and Procedure on Citation, Arrest, Trial, and Appeal
Subtitle 4. Venue, Court Procedure, Bail, and Charging Documents
§ 26–411LinkCopy Citation
A constable or police officer is not entitled to any fee for testifying as a witness in any case involving a violation of the vehicle laws of this State.
Md. Code Ann., Transp. § 26-412 (2026)
Title 26. Vehicle Laws -- Parties and Procedure on Citation, Arrest, Trial, and Appeal
Subtitle 4. Venue, Court Procedure, Bail, and Charging Documents
§ 26–412LinkCopy Citation
If a provision of this title and a provision of Title 4 of the Courts Article conflict, the provision in the Courts Article prevails.