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Frances Diana Sheppard v. State of Maryland - No. 10, 1996 Term CRIMINAL LAW - PROBATION -- Trial judge abused his discretion by requiring, as a condition of probation, that a defendant convicted of driving under the influence of alcohol not operate a motor vehicle for the full three-year term of probation, even if the Motor Vehicle Administration restores her driver's license.

Circuit Court for Worcester County Criminal No. 17285

IN THE COURT OF APPEALS OF MARYLAND No. 10 September Term, 1996 ___________________________________

FRANCES DIANA SHEPPARD v. STATE OF MARYLAND

___________________________________

Bell, C. J. Eldridge Rodowsky Chasanow Karwacki Raker JJ. ___________________________________ Opinion by Chasanow, J. ___________________________________

Filed:

December 12, 1996

The issue in the instant case is whether the trial judge abused his discretion by requiring, as a condition of probation, that a defendant convicted of driving under the influence of alcohol not operate a motor vehicle for the full three-year term of probation, even if the Motor Vehicle Administration (MVA) restores her driver's license.

I. The facts in the instant case are not in dispute. appellant, Frances Diana Sheppard, was convicted pursuant The to

Maryland Code (1977, 1992 Repl. Vol.), Transportation Article,

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