Sentencing

JurisdictionMaryland

IV. SENTENCING

A. Sentencing in General

Most potential sentences for state traffic violations are contained in the respective sections.209 If the state wants to avail itself of subsequent offender penalties, it must notify the defendant 5 days before sentencing in the district court and 15 days before sentencing in the circuit court under Md. Rule 4-425. If the state fails to file a subsequent offender notice in district court, it is precluded from doing so on appeal to the circuit court.210

Many offenders will be eligible for probation before judgment (PBJ) under Crim. Proc. § 6-220, which protects them from assessment of points and suspension, or revocation of the driver's license or privilege as a result of the violation.211 With respect to drunk driving, the Court of Appeals held that "if a defendant is found guilty of such an offense within five years of being convicted of, or given probation before judgment for, another drunk or drugged driving offense, the defendant is ineligible for probation before judgment."212 The critical dates are the date of the imposition of the PBJ on the first offense, and the date of verdict on the second offense. The court may not defer sentencing to make the defendant eligible for a second PBJ.213 The court may not, as a condition of probation, order the defendant not to drive a motor vehicle. That power is within the authority of the Motor Vehicle Administration.214

Maryland Rule 4-342 of the Maryland Rules of Criminal Procedure governs sentencing in non-capital cases. Rule 4-342(f) affords the defendant the opportunity, personally and through counsel, to make a...

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