Thompson v. State

Maryland Code (1970 Repl. Vol.) Art. 66 V2, § 11-902 provides, in subsection (a), that it shall be unlawful to drive any vehicle while “in an intoxicated condition”; subsection (b) makes it unlawful for any person to drive any vehicle when “his driving ability is impaired by the consumption of alcohol.” Section 16-104 entitled “Lesser included offenses” provides that “[i]t shall be sufficient to charge any person with a violation of ... § 11-902 (driving while intoxicated [or] impaired . . .) and the court is empowered to make a finding under any subsection of ... § 11-902.” The penalty for…