§ 10-127. Procedure

   (a) In general. -- In a proceeding for a violation under this part:

   (1) the State has the burden to prove the guilt of the defendant to the same extent as is required by law in the trial of a criminal case;

   (2) the court shall apply the evidentiary standards as prescribed by law for the trial of a criminal case;

   (3) the court shall ensure that the defendant has received a copy of the charges against the defendant and that the defendant understands those charges;

   (4) the defendant is entitled to:

      (i) cross-examine each witness who appears against the defendant;

      (ii) produce evidence and witnesses on the defendant's own behalf;

      (iii) testify on the defendant's own behalf if the defendant chooses to do so; and

      (iv) be represented by counsel of the defendant's own selection and expense;

   (5) the defendant may enter a plea of guilty or not guilty;

   (6) the verdict shall be:

      (i) guilty of a civil violation; or

      (ii) not guilty of a civil violation; and

   (7) before entering a judgment, a court may place the defendant on probation in the same manner and to the same extent as is permitted by law in a criminal case.

(b) Suspension of fine. -- If a defendant is found guilty of a violation under this part and a fine is imposed, a court may direct that the payment of the fine be suspended or deferred under conditions determined by the court.

(c) Failure to pay. -- A defendant's willful failure to pay a fine imposed under this part may be treated as a criminal contempt punishable as provided by law.

(d) Appeal. -- A defendant who is found guilty of a violation under this part, as provided by law for a criminal case, may file:

   (1) an appeal;

   (2) a motion for a new trial; or

   (3) a motion for a revision of a judgment.

(e) Authority of State's Attorney. -- The State's Attorney for each county may:

   (1) prosecute a violation under this part in the same manner as a prosecution of a criminal case, including entering a nolle prosequi or placing the case on violation on a stet docket; and

   (2) exercise authority in the same manner prescribed by law for a violation of the criminal laws of the State.

HISTORY: 2002, chs. 108, 109.