Section 10-127 - Procedure.
§ 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.
[2002, chs. 108, 109.]