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Questions Answered by Lee Eidelberg
2 Answers | Asked in Criminal Law and Domestic Violence for Maryland on
Q: Is a final domestic protection order a conviction?

Trying to find out if I qualify to purchase a firearm.

I was subject to a protective order, 6 years ago, in a petty domestic violence case, where I was not convicted of the assault but was still placed on a final protective order. It was never disclosed to me exactly when the order... Read more »

Lee Eidelberg
Lee Eidelberg answered on Nov 10, 2019

No. A protective order is a civil, not a criminal remedy.

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1 Answer | Asked in Car Accidents for Maryland on
Q: Minor car wreck, police report says "charges pending". How do I find out if formal charges are ever actually filed?
Lee Eidelberg
Lee Eidelberg answered on Aug 15, 2019

Depending on the charge(s) and the jurisdiction, you could receive a notice to appear at a "preliminary inquiry," which requires one to report to a court commissioner to be formally advised of one's charges, one's right to an attorney and other pertinent information. This generally occurs when... Read more »

2 Answers | Asked in Traffic Tickets for Maryland on
Q: Got a slew of tickets in 2005 ,no DUI's all moving violations..The fines totaled $1000.00...Can these be removed?

I want to reinstate my drivers license that has been suspended since 2005-06 due to these tickets....Do the fines in Maryland still need to be paid from that long ago?

Lee Eidelberg
Lee Eidelberg answered on Jul 31, 2019

You can either pay the fines - which will lift the suspensions but result in the highest point assessment for any single violation to appear on your driving record - or request in writing that the court recall the suspensions and set the violations in for trial. Given the age of the violations, a... Read more »

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1 Answer | Asked in Traffic Tickets for Maryland on
Q: Should i go to court for my registration, i was not able to show to cop on demand. It was in my car the whole time?

I got stopped for speeding, i explained i was trying to pass someone. When the police asked for my license and registration i could not find my registration. When i got to work i realized it laying on the floor of the passenger front seat. I assumed it fell down when i was looking for it. Should i... Read more »

Lee Eidelberg
Lee Eidelberg answered on Jul 3, 2019

This is not a moving violation, so paying the fine will not result in any points to your driving record. That being said, if you go to court and explain the situation to the Judge - provided you have a good driving record - the judge might grant you a probation before judgment - which avoids the... Read more »

1 Answer | Asked in Traffic Tickets for Maryland on
Q: I received a following too close offense, can a lawyer negotiate to an offense with no points??

I am licensed in VA! Got a following too close offense, was NEVER ASSIGNED court, (Was. County) did not request a court date in time -30- day window- and there was none assigned. Can someone help me reopen the case, (they said all I can do is write a letter, ).and then negotiate down to a 0 points... Read more »

Lee Eidelberg
Lee Eidelberg answered on May 13, 2019

You have two situations at hand.

The first is requesting that the court recall your "failure to comply" suspension, which occurred when you failed to appear for your court date. This can be accomplished by informal written request, formal motion and/or the necessity of you having to...
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1 Answer | Asked in Traffic Tickets for Maryland on
Q: What is the fine for tailgating in Maryland and are there any points on your drivers license
Lee Eidelberg
Lee Eidelberg answered on Apr 27, 2019

Following too closely, which is the statutory offense i believe youre describing, is a 1 pt. offense unless you contributed to an accident, which is a 3 point offense. The maximum fine is $500.00, although the recommended fine is significantly less.

1 Answer | Asked in Traffic Tickets for Maryland on
Q: Is it OK to cross double yellow line to pass a slow car in Maryland, like you can for a horse carriage or farm tractor?
Lee Eidelberg
Lee Eidelberg answered on Feb 26, 2019

No. There has to be a broken line in your direction. The double yellow line is there because of the risk of encountering oncoming traffic.

2 Answers | Asked in Domestic Violence for Maryland on
Q: Expungement

I had an assault case but it was dismissed. What do I need to do to get it expunged? Can a lawyer help? I live in PG county, Md

Lee Eidelberg
Lee Eidelberg answered on Feb 24, 2019

You can personally obtain expungement forms from the clerk of the court or hire an attorney to assist you.

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1 Answer | Asked in Traffic Tickets for Maryland on
Q: I received a speeding ticket out of state Section 3361 Driving At Safe Speed. Should I file guilty or not guilty? Thanks

Its for going 79 in a 55 zone in Pennsylvania. I live in Maryland however. I'm unclear on the difference between on pleading guilty or not guilty and whether it would be worth it to fight the ticket in court.

Also, do you know if any points are assessed for this violation?

Lee Eidelberg
Lee Eidelberg answered on Feb 17, 2019

Points did not transfer from Pennsylvania to Maryland for a speeding violation, although a conviction in Pennsylvania can appear on your Maryland driving record. You'd be best to confer with a Pennsylvania attorney to determine whether the expense and effort are worth fighting a ticket, depending... Read more »

2 Answers | Asked in Car Accidents for Maryland on
Q: if pedestrian is already in unmarked crosswalk, does driver have to yield right of way (maryland)

while at a side street intersection, a pedestrian starts to cross the street (no crosswalk designated) when a car approaches from the rear and starts to turn onto the side street while pedestrian is still in intersection. who has right of way?

Lee Eidelberg
Lee Eidelberg answered on Feb 7, 2019

Whether or not the crosswalk is "marked," a pedestrian crossing the street at a crosswalk has the right of way.

The preference the pedestrian enjoys, however, is not unlimited and does not relieve the pedestrian of the duty to use reasonable care to avoid injury. The analysis concerns...
Read more »

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2 Answers | Asked in Traffic Tickets for Maryland on
Q: I got a ticket for driving without insurance. never asked me about insurance during our conversation.

My car has insurance. I am told to appear at court? plus is it illegal to drive a vehicle with Tennessee dealer temporary tag? the tag is for one month and doesn't expired during stop. the title is still with dealer and i am waiting to change ownership

Lee Eidelberg
Lee Eidelberg answered on Jan 31, 2019

A vehicle must be insured to be driven. If the vehicle was insured, you should have a policy listing the vehicle, its VIN number and the effective date of coverage. That evidence, if presented in court, should absolve you of the offense. Otherwise, you need to obtain and FR-19 Form from your... Read more »

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2 Answers | Asked in Traffic Tickets for Maryland on
Q: Is there a way to make a deal with the judge to get waived out of getting points from a speeding ticket?

So I got a speeding ticket for driving 88 MPH on a 65 MPH zone, for a fine of $290. I don't mind paying the fine but I do not want to points and for my insurance to go up. If I want to somehow get that waived, would I be requesting for a waiver hearing or requesting for a trail? Would there also be... Read more »

Lee Eidelberg
Lee Eidelberg answered on Jan 15, 2019

Requesting a waiver hearing means that you're excusing the Officer from appearing in court and essentially pleading guilty with or without an explanation - but hoping your appearance (or that of an Attorney who can appear with or without you) will obtain a more favorable disposition than simply... Read more »

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1 Answer | Asked in Car Accidents for Maryland on
Q: Hello .... I was involved in an accident I was at a stop light when light turned green I proceeded a guy turning left

Hit me the police wrote the report saying I did not yield right of way I totally disagree can I fight this no ticket as of yet I live in Birmingham, al no one was hurt

Lee Eidelberg
Lee Eidelberg answered on Jan 15, 2019

The short answer is yes, you can fight the ticket. However, if the other party appears in court, the decision will ultimately be based on that parties word versus your word. However, if there was no personal injury it is quite possible unless the officer actually witnessed the accident, that the... Read more »

2 Answers | Asked in Car Accidents for Maryland on
Q: What happens if you miscarry after an accident?
Lee Eidelberg
Lee Eidelberg answered on Jan 14, 2019

If it is proving, to reasonable grief medical probability, that's your miscarriage was a result of the accident, you would be entitled to claim damages for any medical expenses related to that most unfortunate event, as well as compensation for conscious pain and suffering.

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1 Answer | Asked in Traffic Tickets for Maryland on
Q: Cited for 21-707 -Failure to Stop at Stop Sign Line, but Location of Offense listed is where officer pulled me over?

I received a citation for 21-707(a) "Failure to Stop at Stop Sign Line", but the "Location of Offense" lists an intersection near where the Officer pulled me over. He had said he pulled me over for not coming to a full stop at a stop sign in a nearby parking lot, and there is no stop sign on the... Read more »

Lee Eidelberg
Lee Eidelberg answered on Jan 9, 2019

The citation should accurately list the location at which the violation occurred, and if evidence is presented that the location of the offense has no stop sign, it is conceivable, if you have a trial, that you could be acquitted due to a variance in the charging document and the evidence... Read more »

1 Answer | Asked in Traffic Tickets and Construction Law for Maryland on
Q: Is it legal or is there a fine for entering or driving in a road work zone, if you are not one of the workers?
Lee Eidelberg
Lee Eidelberg answered on Jan 7, 2019

While your post is a bit vague, it is possible an Officer could cite you for failing to obey a lawful traffic control device (yes, posted signed are deemed devices) or a comparable violation if you had no legitimate basis for driving in a "work zone." However, a response to your post could be more... Read more »

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