Terms Used In Maryland Code, COURTS AND JUDICIAL PROCEEDINGS 10-312

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • state: means :

    (1) a state, possession, territory, or commonwealth of the United States; or

    (2) the District of Columbia. See
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(a) Subject to subsection (b) of this section, in a prosecution for a diesel emissions standard violation under Title 23, Subtitle 4 of the Transportation Article, emissions test results from emissions test equipment as described in § 23-402 of the Transportation Article are admissible at trial in any court with jurisdiction over the proceeding in the State.

(b) If at the time of testing, a diesel vehicle fails to meet the emissions standard established under Title 23, Subtitle 4 of the Transportation Article, the failure to meet the established emissions standard shall be prima facie evidence that the operator of the diesel vehicle violated the provisions of Title 23, Subtitle 4 of the Transportation Article.