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Questions Answered by Scott Scherr
2 Answers | Asked in Criminal Law and Traffic Tickets for Maryland on
Q: Hi. I violated my probation for driving on suspended, although I haven't been to court on the driving one yet..but I was

Incarcerated when MVA suspended my license, and they suspended it for failure to take driving improvement program, which was during COVID. Can I get out of this one? I mean clearly I got released from prison and started driving, but I honestly didn't know it was suspended

Scott Scherr
Scott Scherr
answered on Oct 15, 2023

Do the driver improvement program now and get your license reinstated. You should retain counsel to represent you since the offense carries possible jail time and the VOP also could lead to jail time. If you get your license reinstated, there is a good chance an attorney can keep you out of jail.

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3 Answers | Asked in Personal Injury and Car Accidents for Maryland on
Q: How can I figure out what I am entitled to after an auto accident that was the other driver's fault?

I was driving a rental car that ended up on it's side. I was hurt but not seriously.

Scott Scherr
Scott Scherr
answered on Oct 7, 2023

You are entitled to factor in your medical bills, lost wages, pain and suffering, the nature of your injuries, and other losses. The value of your case can be impacted by many factors. There is not a formula.

Your best bet is to speak with an attorney. All attorneys take cases like this on...
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1 Answer | Asked in Traffic Tickets for Maryland on
Q: Hello there I was pulling over by an officer for not having my license plate attached to the front of my vehicle

They towed my car, gave me a citation, but on the citation, it states that failure to attach vehicle registration plates at front and rear which is a lie because my back plate was attached. What should I do?

Scott Scherr
Scott Scherr
answered on Sep 29, 2023

This was a proper charge. The law states that your license plate must be attached to the front and back (both). Since it was not attached to the front of the vehicle, it violated the statute.

You have the option of going to court by requesting a trial. The police officer may not show up or...
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1 Answer | Asked in Civil Litigation and Small Claims for Maryland on
Q: A person owes me money and stated a family member would pay but neither has can I sue both of them?
Scott Scherr
Scott Scherr
answered on Sep 28, 2023

You may sue the person that owes you the money. Unless the family members guaranteed the debt to you (which has to be in writing), they are not obligated to pay you despite the fact that they later told you they would pay. The statute of frauds states that any guarantee to pay has to be in writing.

1 Answer | Asked in Criminal Law for Maryland on
Q: If I have a fta with a $1000 bond do I have to pay the whole bond?
Scott Scherr
Scott Scherr
answered on Sep 26, 2023

Your best bet is to hire an attorney to file a motion to recall the warrant. If the motion is granted, the warrant will be quashed and your case will be set for trial. The attorney can then represent you at trial.

Your option is to turn yourself in while ready to pay the $1,000.00 bond or...
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2 Answers | Asked in Animal / Dog Law, Consumer Law and Personal Injury for Maryland on
Q: What type of lawyer helps us fight a business that sold a faulty prod resulting in a fire and pet death?

Our camper caught fire before getting it insured. We learned the fire was (in a nutshell) b/c of either a faulty device or poor installation of another company's device that was installed by the manufacturer. Basically, the fire was inevitable and there was no warnings despite customer... View More

Scott Scherr
Scott Scherr
answered on Sep 8, 2023

You should look for an attorney that handles fire cases. Under the law, you will have the burden of proof to show that the fire was caused by a defective product or someone's negligence. This is requires expert testimony which can be expensive. Some attorneys will advance the expenses and take... View More

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2 Answers | Asked in Car Accidents and DUI / DWI for Maryland on
Q: How long after an alcohol related accident can a person be arrested in MD?

No other people or cars were involved. It was in a parking lot.

Scott Scherr
Scott Scherr
answered on Sep 3, 2023

Most people are taken into custody at the scene if they are suspected of a DUI. In some cases, the police officer or hospital takes blood from the suspect who is charged once the results come back. If you have concerns, you should speak to a lawyer in a confidential setting. If the police did not... View More

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2 Answers | Asked in Traffic Tickets for Maryland on
Q: I renewed my registration but forgot to put the sticker on my license plate, and got a ticket. Can I get it removed?

My license plate expired 7/31. I renewed well before and had the updated registration card with the new sticker in the glove box, but forgot to put it on the license plate. On 8/23, I parked in free street parking and came back to my car having a ticket for “expired tags”. Is there any grace... View More

Scott Scherr
Scott Scherr
answered on Aug 24, 2023

You can request a trial within the required time limit and go to court. You should also demand the presence of the parking attendant. If they fail to appear, the ticket should be dismissed. If they appear, show the judge proof that you renewed your tags before they expired and the judge may give... View More

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1 Answer | Asked in Criminal Law for Maryland on
Q: What does VOP outcome closed unsatisfactory mean in the MD case search? The defendant was also released from commitment

Is the defendant no longer in trouble? Why would he just be let off of the charge of VOP?

Scott Scherr
Scott Scherr
answered on Aug 14, 2023

It means that the probation has been terminated and is over. It was terminated unsatisfactorily which could affect the future ability to get the charge expunged and future probation conditions. The Defendant has been released from jail.

1 Answer | Asked in Traffic Tickets for Maryland on
Q: do Title21,Subtitle8 are IN effect doing non school days, i received a speeding citation going 12miles over the speed

the speed is 25 m i was traveling 37m at about 6:00 pm schools are out for the summer

Scott Scherr
Scott Scherr
answered on Aug 8, 2023

I assume that this is a camera citation. If so, it is a $40.00 fine and no points are assessed so it may not be worth fighting it.

Under Maryland law, camera tickets can be issued Monday through Friday between the hours of 6:00 a.m. and 8:00 p.m....
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4 Answers | Asked in Car Accidents for Maryland on
Q: Can anything be done after an insurance company finds you liable for an accident?

I was found liable for a car accident only because I was not on my brothers insurance at the time I was driving his car, I was 21 and I had no vehicle. The other party was turning in the intersection and I was going straight through, they hit me on the side and blamed me. My brothers insurance... View More

Scott Scherr
Scott Scherr
answered on Jun 20, 2023

If you were a resident relative of your brother's household and your brother did not list you on the policy, then his insurance company can deny coverage. If you were going straight and the other driver was turning left in front of you, you have a defense if you are sued. You could retain... View More

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1 Answer | Asked in Animal / Dog Law for Maryland on
Q: In Baltimore County Md does your yard need to be fenced if you are leaving your dog out unleashed?

My neighbor thinks because the leash law only says that her dog must be leashed only when off of her property she can let it out in an unfenced yard where it isn’t contained and in my opinion not under her control because she doesn’t have it on a leash. Is that accurate??

Scott Scherr
Scott Scherr
answered on Jun 20, 2023

If the dog does not leave the owner's property, it does not have to be leashed. However, if the dog ventures away from the owner's property, it is a violation if the dog is not leashed.

The Baltimore County Code states:

(c)Animal at large.

(1) (i)"Animal at...
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1 Answer | Asked in Traffic Tickets for Maryland on
Q: Statute Code:TA.21.1124.1.B does that brings points to DL in MD?

Charge No: 1Statute Code:TA.21.1124.1.B

Charge Description: DRIVER WRITING,SENDING,READING A TEXT,ELECTRONIC MSG. WHILE OPER. VEH. IN TRAVEL PORTION OF HWY

Speed Limit: 0 Recorded Speed: 0 Location Stopped: E/B I-70 P/T MM 74

Probable Cause Indicator: No Contributed to... View More

Scott Scherr
Scott Scherr
answered on Apr 26, 2023

This is a 1 point ticket unless there was an accident in which case it is a 3 point ticket. Your post indicates it was not an accident so it should be 1 point. Do not pay it. Request a trial (not a waiver hearing) and go to court. If the police officer does not appear, you will be acquitted. If the... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: Does the police have the right to search my sons stroller without my consent?

permission?

This so called friend invited Me and my boyfriend to her home she was arguing with my boyfriend she than called the police told them my boyfriend hit me but it was false claims the Police came talked to us for awhile and than separated my boyfriend and I the police officer... View More

Scott Scherr
Scott Scherr
answered on Apr 11, 2023

The "plain view" doctrine states that a police officer can search the stroller in your case if the gun is in plain view. If it is not plain view, it may be an illegal search and seizure if neither you nor your boyfriend gave permission to search the stroller and the police officer did not... View More

2 Answers | Asked in Criminal Law and Domestic Violence for Maryland on
Q: How do I get out of a subpoena? I feel like I am being forced to talk against someone I did not press charges on.

My boyfriend and I were both under the influence and fought. My mom was involved. Things got physical but no one pressed charges. He was charged with 2 2nd-degree assaults. My mother and I were both mailed a subpoena but we want no parts.

Scott Scherr
Scott Scherr
answered on Apr 5, 2023

This is not a sufficient reason to get out of a subpoena. If you have been subpoenaed to court, you must appear. If you do not appear, the police could come and bring you to court or you could be found in contempt. This does not happen in every single case, but it could happen here.

The...
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1 Answer | Asked in Criminal Law for Maryland on
Q: What would happen if I miss my court date

I was caught shoplifting @ a north Carolina walmart. I gave them my real name and social security #, but gave them a fake adress and never gave i.d. the officer that pressured me saying if I miss the court date I would be in big trouble so I've been calling the courthouse for about 4 months... View More

Scott Scherr
Scott Scherr
answered on Mar 25, 2023

If you miss your court date, they put a warrant out for your arrest. You can then be picked up on the warrant at any time. Hire an attorney in North Carolina to represent you. If there is a warrant, your attorney can file a motion to recall the warrant.

This will not go away if you fail to...
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2 Answers | Asked in Criminal Law for Maryland on
Q: 2 weeks before my 3 year probation was up my PO violated me on a misdemeanor offense. I had no issues during my 3 year

Probation period. My PO then reopened a restitution and violated me for that. I wasn't aware of the warrant when I stood in front of a judge for traffic. Why didn't they pick me up on the warrant then? There are several holes in this whole situation.like commissioner releasing me on my... View More

Scott Scherr
Scott Scherr
answered on Feb 21, 2023

You should retain an attorney to represent you. An attorney can file a motion to recall the warrant. If the motion is granted, the warrant will be quashed and your case will be scheduled for a VOP hearing. The attorney can then represent you at the hearing.

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1 Answer | Asked in Domestic Violence and Criminal Law for Maryland on
Q: Do I need to go to court for a subpoena involving a peace order violation if I don’t want to proceed with the charges?

I had a peace order which since has been modified from no contact to no hostile contact which was violated because of a misunderstanding. I don’t want to move forward with any charges and have told the SA that but have still been subpoenaed. I was told by the defendants attorney that I don’t... View More

Scott Scherr
Scott Scherr
answered on Feb 14, 2023

If you are subpoenaed, you are required to come to court. It may be that if you do not show up, nothing will happen to you. However, the prosecutor can send the police to bring you to court or the judge can order the authorities to bring you to court. This may not happen a lot, but it does happen... View More

2 Answers | Asked in Traffic Tickets for Maryland on
Q: Is ta 21-1001(b) moving violation in Maryland?

I left my car running and entered to buy a coffee. When I returned an officer cited me for leaving my car running. I just want to know if I could just pay the fine$60, if it is not a moving violation. Thanks

Scott Scherr
Scott Scherr
answered on Feb 13, 2023

It is not a moving violation and does not carry points. The statute states that "(b) Except as otherwise provided in this section, on any highway outside of a business district or a residential district, a person may not leave any vehicle standing, without providing an unobstructed width of... View More

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1 Answer | Asked in Traffic Tickets for Maryland on
Q: I got ticket charged with 13-411(f), but have record of renewal of 2023 and 2024. Should I contest in court?

I'm driving my brother's car and got ticket at parking lot. Ticket description: displaying expired LC plate, decal expired 2022. But I have record of renewing and did put sticker for 2023 (expired in March). Now the sticker isn't there and I was charged. Should I contest? What will I need?

Scott Scherr
Scott Scherr
answered on Feb 9, 2023

Request a trial within 30 days and go to court. Bring proof that the tags were current and explain to the judge what happened. You should also replace the sticker and bring proof (a picture) of the new sticker. If the police officer appears, you will be acquitted. You can still have a trial even if... View More

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