State v. Shilling

GILBERT, Chief Judge.

A judge in the Circuit Court for Carroll County on successive days imposed probation before judgment in different cases on two persons charged with driving while intoxicated, a violation of Md.Transp.Code Ann. § 21-902(a). For each of the two accused, it was the second violation of § 21-902(a) or (b) within a four year time span. Each defendant had submitted under an agreed statement of facts, and each was found guilty of “operating a motor vehicle while intoxicated.” Md.Ann.Code art. 27, § 641(a)(2) provides:

“Notwithstanding paragraph (1) of this subsection, a court may…