Exhibition Driving - Worcester County - Ocean City Car Show - Maryland House Bill HB1493

Background

On March 18, 2020 the Maryland General Assembly passed House Bill (HB) 1493, an Emergency Bill, in reference to Prohibitions in a Worcester County (Maryland) Special Event Zones. The bill is referred to commonly as the, "Exhibition Driving" car show bill. It is aimed at reducing and enforcing illegal behavior during Ocean City, Worcester County, Maryland special event car shows. Those car shows include, but may not be limited to, the Spring Car Cruise (Cruisin), Fall Endless Summer Cruisin' & H2Oi "pop-up" car show.

Sponsors

The bill was sponsored by Delegates Hartman, Adams, Anderton, Arentz, Clark, Cox, Jacobs, Krimm, Malone, Mautz, McComas, Miller, Otto, and Reilly. It was originally introduced in February, 2020.

Overview

Text from the bill including, [for] "the purpose of prohibiting a person from engaging in exhibition driving within a special event zone in Worcester County; prohibiting a person from committing certain violations of the Maryland Vehicle Law within a special event zone in Worcester County; defining the term “exhibition driving” for purposes of this Act; establishing certain penalties for violations of this Act; altering a certain definition; making stylistic changes; making this Act an emergency measure; and generally relating to special event zones in Worcester County."

Definitions

HB1493 defines a, "special event" as an automotive event on a highway that:

1. is approved by a government entity; or
2. has 1000 or more attendees, regardless of whether the event is approved.

HB1493 defines, "special event zone" as a highway that is appropriately marked with signage for the special event. 

Note: A special event zone may include a private parking lot or area adjacent to the public highway.

HB1493 defines "Exhibition Driving" as one of these two: 

1. The transportation of a passenger on or in an area of a motor vehicle that is not designed or intended for the passenger (such as the hood or roof); or
2. Operation of a motor vehicle that results in:

• excessive abrupt acceleration or deceleration;
• skidding, squealing, burning, or smoking of tires;
• swerving or swaying of vehicle from side to side while skidding;
• loud, raucous, or disturbing noise from engine;
• grinding of gears;
• backfiring of engine; or
• any of the wheels of the vehicle losing contact with the ground.

Regulations

A person may not engage in exhibition driving within a special event zone.

A person may not commit any of the following violations within a Special Event Zone:

• Exceeding posted speed;
• Negligent driving;
• Driving in a race or speed contest;
• Participating in a race of speed contest; or
• Skidding, spinning of wheels, or causing excessive noise.

Penalties

Exhibition Driving .......................................... Maximum 60 Days in Jail and/or $1000.00 fine.

Violations within a Special Event Zone ........ Maximum $1000.00 fine. 

Source: https://legiscan.com/MD/text/HB1493/2020

Arson and Burning

In Maryland there are two degrees of Arson and several other crimes involving burning. The major difference between first degree and second degree arson is whether the building set fire to is used as a dwelling or had someone inside of it at the time the fire was set.

Arson

 

CR 6-102 describes Arson in the First Degree

 

A person may not willfully and maliciously set fire to or burn:

• a dwelling or
• a structure where an individual is present.

CR 6-103 describes Arson in the Second Degree

 

A person may not willfully and maliciously set fire to or burn a structure that belongs to the person or to another.

 

 

Arson Notes:

1. It is not a defense that the suspect owns the property in question. In short, you cannot burn your own house!
2. A dwelling is described as a place for "overnight accommodation" whether or not an individual is actually present.
3. Dwellings can include shops, barns, outbuildings or other building that adjoins the dwelling.
4. A structure is a building or other construction.
5. A structure includes a vehicle, watercraft, barn, tent, public building, bridge, or railroad car.

Other Burning Crimes

Malicious Burning of Personal Property in the First Degree - a person may not set fire to or burn the personal property of another with damage of $1,000 or more.


Malicious Burning of Personal Property in the Second Degree - a person may not set fire to or burn the personal property of another with damage of less than $1,000.


Burning with Intent to Defraud - A person may not set fire to or burn property of any kind with the intent to defraud.


Threat of Arson - Verbal or written threats to:

• Set fire to or burn a structure or
• Explode a destructive device in, on, or under a structure.

Burning Trash Container - Willfully and maliciously setting fire to or burnt he contents of a trash container.


Attempt to Burn Structure or Property - Placing flammable, explosive, or combustible material or device in or near a structure or personal property in preparation to burn the structure or property.

 

 

Assault vs. Battery

The term battery is old fashioned and no longer used by professional in the Criminal Justice system in the State of Maryland. Maryland Criminal Law CR 3-201 explicitly defines what an assault is.


CR 3-201 (b) Assault - "Assault" means the crimes of assault, battery, and assault and battery, which retain their judicially determined meanings.


Lamb v. State (1993) said that assault embraces not only attempted batteries but also actual batteries as well as the combination of the two.


Graham v. State (1997) said that the pointing of a gun at the victim followed by the punching of the victim were indeed two separate assaults.




Assault in the First Degree

1. A person may not intentionally cause or attempt to cause serious physical injury* to another person, or
2. A person may not commit an assault with a firearm including:
• a handgun, antique firearm, rifle, shotgun, short-barreled shotgun, or short barreled rifle;
• an assault pistol; or
• a regulated firearm.
3. Penalty: Imprisonment up to 25 years

Assault in the Second Degree - A person may not commit an assault.




Assault on Law Enforcement - A person may not intentionally cause physical injury* to a law enforcement officer or parole/probation agent.




* Serious Physical Injury vs. Physical Injury - Whereas a "serious physical injury" is one that creates substantial risk of death or permanent/protected disfigurement/loss/impairment of limb or organ, a "physical injury" (as applied to assaults of law enforcement) is any impairment of physical condition excluding minor injuries.


Quiz:

1. Sam points a regulated firearm at Lindsay and then slaps her in the face. What crime has Sam committed? Answer: Assault in the First Degree (firearm) and Assault in the Second Degree (slap).
   
2. Tammy and mark are married. Tammy jumps toward Mark, extends her arm to throw a punch at his head, and misses. Mark calls the Police. Has Tammy committed a crime? Answer: Yes,  assault embraces not only attempted batteries but also actual batteries.
   
3. True or False: The suspect was rightfully found guilty of Assault in the First Degree when he pointed a regulated firearm at a Parole Agent during a heated dispute. Answer: True, the suspect committed a first degree assault no matter who he points the firearm at.
   
4. True or False: The suspect was rightfully found guilty of Assault on Law Enforcement when she attacked, kicked, and punched a Police Officer leaving the Officer with a bruised rib and cut above the eye. Answer: False, the "physical injury" caused to the Police Officer was minor. The injury was not an "impairment of condition" and is excluded. The correct charge would simply be Assault in the Second Degree.

The 3 Exceptions to Maryland's Suicide Law

Maryland Criminal Law CR 3-102 makes it an offense for one to assist another individual to commit or attempt to commit suicide by three means:

1. coercion, duress, deception;
2. by providing the physical means to commit suicide with the knowledge of the intent; and
3. by knowingly participating in the physical act.

There are three exceptions to this offense enumerated in CR 3-103:

1. Palliative care / Pain relief
   Def.: A health care professional administering/prescribing pain relief even if this procedure may "hasten death or increase the risk of death" unless of course the professional does so directly to cause death.
   
2. Life-sustaining procedures
   Def.: Withholding or withdrawing life support.
   
3. Family caregiver
   Def.: A caregiver for a patient in a hospice program administers/dispenses medication for pain relief under the supervision of a health care professional even if this procedure may "hasten death or increase the risk of death" unless of course the professional does so directly to cause death.

Car Window Tint in Maryland

A very hotly debated traffic stop is the use of window tint on a Maryland registered vehicle. There are essentially two traffic law charges: driving with tint affixed to the windows and the actual installation of tint to the windows.

Traffic Law

TA 22-406. Safety glazing material in motor vehicles.

TA 22-406(i)(1)  Window tinting. (Driving with tinting materials)

The traffic law reads:

(i) In the case of a vehicle registered under TA 13-912 (Class A passenger vehicles and station wagons) of this article, there is affixed to any window of the vehicle any tinting materials added to the window after manufacture of the vehicle that do not allow a light transmittance through the window of at least 35%; and

(ii) In the case of a vehicle registered under TA 13-913 (Class B for hire passenger vehicles), TA 13-917 (Class E trucks 3/4 ton or less), or TA 13-937 (Class M multipurpose passenger vehicles) of this article, there is affixed to any window to the immediate right or left of the driver any window tinting materials added after manufacture of the vehicle that do not allow a light transmittance through the window of at least 35%.  

TA 22-406(i)(3)  Window tinting. (Installing of Tinting materials)

The traffic law reads:

(3) A person may not install on a window of a vehicle any window tinting material that does not comply with the light transmittance requirements specified in paragraph (1) of this subsection.  

Exceptions

• Medical reason with "a written certification that details the owner's medical need for tinted windows, from a physician licensed to practice medicine in the State."
• Tinting materials that "Are affixed in such a manner so as to be easily removed."  
• Tinting materials that "Are being used to protect a child less than 10 years of age from the sun."
• Tinting materials "below the AS1 line or below 5 inches from the top of the windshield" 

 

Penalty
If in violation, can be charged with the fines below in addition to a Safety Equipment Repair Order.

TA 22-406 i1 Operating veh. on hwy. with unauthorized window tinting material............... $      70.00/ 0 points

TA 22-406 i3 Installing window tinting material not in compliance with requirements.......... $      70.00/ 0 points

Source: LexisNexis Maryland Criminal Law and Motor Vehicle Handbook, 2011-2012 edition

License Plate Covers, Brackets, Legibility, Fastening, Positioning

The visibility of license plates in Maryland is well detailed in motor vehicle law. Even people who put a totally clear license plate cover over top of their registration plate are subject to fines. And customized diagonal plates are a no-no. Here's what the law says:

TA 13-411 Display of Registration Plates and Tabs

Plates required at front and rear
Not all vehicles are required to have front and rear plates attached to their bumpers, such as class F tractor trailers, but most vehicles are (including passenger vehicles). Police may only stop Maryland registered vehicles for failing to attach their registration plates at the front and rear of their vehicles. Police may not effect stops on out of state vehicles. The law specifically states the plate must be "attached" meaning that the plate is fastened in some manner to the vehicle. Experts debate the use of plastic ties, glue, tape, screws, bolts, string and other materials as means of fastening the plate. The plate must be positioned securely.

How plates should be fastened
Plates must be "securely fastened" and in a "horizontal manner" and "in a manner that prevents the plate from swinging." So if that zip tie happens to break off or the duct tape loses its stick one could argue that the plate was not secure. And if you only have one screw in the top corner then it would be reasonable to assume that plate may swing and that vehicle is in violation. Or, as in the case of many motorcycles, if the plate is attached vertically so the letters can only be read by turning one's head sideways, the plate is in violation of the horizontal rule.

*As of 2020, a “border” or “frame” on a registration plate can only be enforced as a secondary action by Police* 

Plate legibility
Plates must be "maintained free from foreign materials" including registration plate covers. Plates must be "clearly legible" and in a position that is "clearly visible." So, police may have probable cause to stop a vehicle if the plate is covered by dirt, markings, tarps, and even snow. If you happen to have backed into a pole recently and the plate is mutilated, bent, torn or damaged, that may be a violation of the "clearly legible" rule. Furthermore, if you plate is inserted inside the indented portion of a bumper or tucked back into the front grill, the plate may be violating the "clearly visible" position rule. This usually applies to aftermarket bumpers and tail gates.

Registration plate covers
Maryland lawmakers explain what a plate cover is in TA 13-411.1. It includes any registration plate that is

• tinted
• colored
• painted
• marked
• clear
• illuminated

which is designed to

1. cover any characters of the plate (such as month and year stickers, numbers, letters, hypens, the word "Maryland" etc.); or
2. distorts the characters. 

A person may not sell registration plate covers, either. 

Fines/Penalty

TA 13-411(a) Failure to attach plates at front and rear (MD only) $70.00/0 points

TA 13-411(c) Failure to property maintain and fasten veh. reg. plate in visible position (MD only) $70.00/0points

Maryland Parties to a Crime

In Maryland the parties to a crime are all considered to be accomplices. There are three types of accomplices: accessories before the fact, accessories after the fact, and principals. Note that in order to be considered a party to a crime, the crime must be a felony and not a misdemeanor.

Definitions
Accomplice: Any person who participates in the commission of a crime, aids in the commission despite not being physically present, or comforts one who has committed a felony.

Accessory Before the Fact
Participates in the preparation with the intent that the crime be committed.

Accessory After the Fact
Participates in the aftermath of the crime, such as harboring a fugitive or hiding evidence, after a crime has been committed.

Principal
The actual person or persons who commits the criminal act. A principal need not actually be directly at the scene of the crime but must be in close proximity or nearby vicinity.

Example
Adam, Barry, Bob and Charles conspire to commit a bank robbery. A week before the bank robbery, Adam steals a vehicle to be used for the getaway. Adam also buys two handguns. Adam gives the getaway vehicle and handguns to Barry and Bob. On the day of the planned bank robbery, Adam stays home to take a nap. Barry and Bob drive in the getaway vehicle together and each is armed with a handgun. Barry creates a distraction three blocks away so the police are busy while Bob runs into the bank and demands money from the teller. Bob is engaged in the hold up. Barry, finishing the distraction, waits in the getaway car one block away. Bob finishes and jumps in the getaway car with Barry. They drive together to Charles's house 10 miles away. Charles, knowing they committed a felony bank robbery, hides Barry and Bob in his house and hides the handguns. A week later the four meet up and discuss their successful bank robbery.


Adam is an accessory before the fact.
Barry and Bob are principals.
Charles is an accessory after the fact.
Adam, Barry, Bob and Charles are all accomplices. 


Source:  LexisNexis Maryland Criminal Law, 2011-2012

Maryland Inchoate Crimes

Maryland's inchoate crimes include attempt, conspiracy, and solicitation.

Definitions
Inchoate: Another term for incomplete or not fully finished.

Attempt
Beyond preparation but before perpetration.

Elements of Attempt

• Specific intent to commit the crime; and
• committed some act in furtherance of the crime; and
• the ability to commit the crime; and
• the crime must be specified. 

Conspiracy
The combining of two or more suspects to accomplish an unlawful criminal purpose.

Elements of Conspiracy

• Agreement between 2 or more suspects; and
• a specific intent to the commit the end product crime; and 
• Some act that brings the conspiracy to fruition. 

Solicitation
Requesting someone else to commit a crime.

Elements of Solicitation

• A request, command, or hiring;
• To another person; 
• To commit a crime with intent to commit that crime. 

Source: LexisNexis Maryland Criminal Law, 2011-2012

Maryland Powers of Arrest (Felony vs. Misdemeanor)

In Maryland there are three levels of crimes:

1. Felony
2. Misdemeanor
3. Infraction

Definitions

Probable Cause: Facts and circumstances, when articulated, would leave a reasonable person to believe that the suspect is guilty of the offense. 

Presence: The range of a police officer's five senses (hearing, sight, smell, taste, or touch). 

Warrantless Arrests

A police officer in Maryland may arrest a suspect without an arrest warrant in any of the following three circumstances:

1. Any crime committed/attempted in the presence/view of the police officer; or
2. Probable cause to believe a crime was committed in presence/view of the police officer; or 
3. Probable cause to believe a felony was committed/attempted. 

Warrantless arrests and powers of arrest go hand in hand. 

Powers of Arrest

A police officer in Maryland may arrest a suspect who has committed a:

A. Felony

• With probable cause and an arrest warrant; or
• With probable cause and the crime occurs in the presence of the officer; or
• With probable cause and the crime does not occur in the officer's presence. 

B. Misdemeanor

• With probable cause and an arrest warrant; or
• With probable cause and the crime occurs in the presence of the officer; or
• With probable cause to make the arrest, the crime does not occur in the officer's presence, and the crime is one of 12 specified excepted misdemeanor crimes. 

In essence, if a police officer has probable cause within a valid arrest warrant the officer may make the arrest no matter if the crime is a felony or misdemeanor. And if any crime occurs in the officer's presence and the officer has probable cause, an arrest can be made. Furthermore if a felony crime occurs outside of the police officer's presence the officer may make the arrest but if a misdemeanor crime occurs outside of the police officer's presence the officer may only make the arrest if the officer knows the crime is one of 12 specified excepted misdemeanors. 

These powers of arrest limit a Maryland police officer's ability to arrest for certain misdemeanor crimes without an arrest warrant. After all, the 4th amendment of the U.S. Constitution protects American citizens from unlawful searches and seizures. It would be unreasonable for a police officer to be able to make a warrantless arrest for a simple misdemeanor crime that did not occur in the officer's presence, such as 2nd Degree Assault (non-domestic), Disorderly Conduct or my favorite, Sale of a Fox or Skunk as a Pet [CR 10-621(b)].

Imagine an officer knew that someone had acted in a disorderly manner a few hours ago at the bar or that someone recently sold his pet skunk to his room mate. It would be unreasonable to arrest for these crimes.

Specified Excepted Misdemeanor Crimes
There are 12 specified crimes in Maryland in which a police officer, without a warrant, may make an arrest if the crime does not occur in the officer's presence.

The Excepted Misdemeanors

1. Manslaughter by vehicle or vessel (felony);
2. Malicious burning (felony/misdemeanor);
3. Malicious destruction of property;
4. Theft (felony/misdemeanor);
5. False fire alarm;
6. Indecent exposure;
7. Drug violation;
8. Handgun violation;
9. Weapon violation;
10. Prostitution;
11. Domestic violence; and
12. Stalking. 

So if Officer Brown has probable cause that a misdemeanor theft occurred outside his presence, Officer Brown may locate the suspect and make the excepted misdemeanor arrest. Or if Officer Smith has probable cause that a domestic violence incident occurred 24 hours prior, Officer Smith may make an arrest for domestic violence.

Additional Criteria
Before the officer may make the arrest for one of the 12 excepted misdemeanor crimes, however, the officer must meet the following additional criteria.

Unless that person is arrested immediately, either:

• The suspect may not be apprehended; or
• The suspect may cause physical injury; or
• The suspect may cause property damage; or
• The suspect may tamper with/dispose of/destroy evidence.

Source: LexisNexis Maryland Criminal Law, 2011-2012

Maryland Rape and Sex Offenses

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