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Questions Answered by Mark Oakley
1 Answer | Asked in Traffic Tickets for Maryland on
Q: How to beat reckless driving ticket in MD?

I was given a citation for reckless driving in a Walmart parking lot in Maryland. The officer claims i was “zipping around” in the parking lot near a forklift driver. The driver wasn’t near the roadway at all. This officer has stopped me before and doesn’t particularly like me. How do i fight this?

Mark Oakley
Mark Oakley answered on Jan 27, 2020

Request a trial (not a waiver hearing). It really comes down to how the officer describes your driving and whether it meets the threshold to convince the judge. Ideally you can identify the forklift driver an subpoena him as a witness to testify that he did not believe how you were driving placed... Read more »

1 Answer | Asked in Divorce and Family Law for Maryland on
Q: Does Maryland have a statute of limitations in judgment of divorce

Ex has not paid me full amount on financial settlement. I have heard there is a 3 year statute of limitations and then I was told it’s a 12 year statute of limitations since it is a judgment of divorce

Mark Oakley
Mark Oakley answered on Jan 25, 2020

If the settlement was incorporated into your judgment of divorce (that is standard) then you have 12 years.

2 Answers | Asked in Criminal Law for Maryland on
Q: My wife and I were arguing one evening and our 14 yr old daughter called the police because our arguing was "annoying"

At one point I was walking away from my wife and she put her hand on my arm and said "honey please dont walk away from me, let's talk". I then pulled my hand from my pocket and my pinky finger got stuck in my pocket and i dislocated it. I popped it right back in place and put a splint on it....it... Read more »

Mark Oakley
Mark Oakley answered on Jan 25, 2020

Your wife needs an attorney and you should discuss this with her attorney. You cannot be compelled to testify against your spouse, but your daughter can. Your wife’s attorney can talk to the prosecutor.

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1 Answer | Asked in Traffic Tickets for Maryland on
Q: Do camera issued traffic citations go on your driving record or get reported to your auto insurance?
Mark Oakley
Mark Oakley answered on Jan 21, 2020

Camera tickets appear on your driving record once you pay them, or after you fail to pay them on time. They do not result in points, may not be used as a basis to suspend your license, and may not be used or considered in connection with an insurance company either setting your premium or granting... Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: Can deed of assignment be recorded if the owner is deceased in Maryland
Mark Oakley
Mark Oakley answered on Jan 19, 2020

Depends. Need to know who’s names were on the deed and how title was held by them (e.g., sole owner, married couple holding title as tenants by the entireties, joint tenants with right of survivorship, tenants in common). If there is a surviving joint owner, either T by E or JTWROS, then all you... Read more »

1 Answer | Asked in Collections for Maryland on
Q: Is small claims the best venue to file for security deposit return if amount collectable by law (Maryland) is over 10k?

Three times security deposit amount, plus interest and attorney fees may be granted if security deposit is not returned 45 days after the end of the tenancy and landlord stopped communicating.

Mark Oakley
Mark Oakley answered on Jan 19, 2020

In Maryland, any lawsuit not exceeding $5,000 is a small claims action. Above that amount it is a large claim and the formal rules of evidence apply. A judge is not required to award three times the security deposit. It is discretionary, so you may claim that amount and receive less.

1 Answer | Asked in Civil Litigation for Maryland on
Q: Hi I need a lawyer to contact me about advice on puppy lemon laws in Maryland!

Hi I'm looking for advice on lemon laws in Maryland. I bought a german shepard puppy on January 8th for 650$ from Oldtown, MD. Not 2 days after having the puppy she started passing full size worms and was seen and cured at the vet. 3 days later the worms came back and she had to be hospitalized for... Read more »

Mark Oakley
Mark Oakley answered on Jan 19, 2020

Worms are common with puppies, and with medication will likely all be gone by the time the dog is 6 month old. The medicine only kills live worms, not those embedded in their egg shells inside the puppy ‘s tissue, which are passed to the puppy in the womb by the mother dog. Therefore, if there... Read more »

2 Answers | Asked in Estate Planning for Maryland on
Q: I am a single person (70) and my adult grandson lives with me. How can I convey the house to him so he isn't taxed.
Mark Oakley
Mark Oakley answered on Jan 19, 2020

Ideally, you simply leave it to him in your will. When a person dies, their property is all valued as of the date of death, so that the heirs receive a stepped-up tax basis to that value. That wipes out all the capital gains tax that you would incur were you to sell the house before you die. What... Read more »

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1 Answer | Asked in Traffic Tickets for Maryland on
Q: My 18 year old was driving without a license, at that time he did not even have his permit.

He has to go to court this week...does he need a lawyer?

Mark Oakley
Mark Oakley answered on Jan 13, 2020

It would be wise. Driving without a license is a jailable offense, which although may not be a likely sentence, depends on other factors like his past history. Also, a conviction will seriously set back the time frame for his obtaining a license, and will result in 5 points. So, yes, a lawyer in... Read more »

2 Answers | Asked in DUI / DWI and Car Accidents for Maryland on
Q: My husband is being sued for 75k for an accident that he caused. Could I be sued? My name wasn't on the title of his car

My name wasn't on the title of his car. It was a DUI.

Mark Oakley
Mark Oakley answered on Jan 10, 2020

"Could" you be sued? That's not really the correct question. Are you liable for your husband's accident? The answer is almost certainly "no" regardless of whether a plaintiff's lawyer tries to drag you into the suit in hopes of reaching jointly titled real property that would otherwise be... Read more »

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1 Answer | Asked in Real Estate Law for Maryland on
Q: Police states unable to press charges on a person who place a false lien on my property in 2002. States the time frame.

The state did not notify me a lien had been placed on house. All documents are fraud. False notary documentation. The lien occurred in 2002. Did not find out until title search was done for refinancing home. Awaiting court date. Sheriff unable to serve the trustee. Saving first mortgage... Read more »

Mark Oakley
Mark Oakley answered on Jan 9, 2020

The person who filed the false lien can be held accountable if you can find him or her. You do not provide sufficient details to allow a better answer.

1 Answer | Asked in Contracts and Landlord - Tenant for Maryland on
Q: My lease expires at the end of the month. I am purchasing a house.

I live in an apartment in Montgomery County. My lease expires at the end of the month. I am purchasing a house.  I gave the Managment company 40 days notice.

They called stating a 60 day notice is required, so I have to pay another month.

When I looked at my lease renewal which... Read more »

Mark Oakley
Mark Oakley answered on Jan 9, 2020

The terms of your lease control. There is no law that requires 60 day notice. Therefore, either you or the landlord is misreading the lease. Take another look at it. If you still don’t see the notice provision, call the landlord and ask where in the lease you can find it. 60 days is a common... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on
Q: Can they charged me a storage fee?

A relative was using my camper/rv to stay in for a little while with his girlfriend. The camper/rv has been parked on a friends property for about 3 months now. My relative got arrested a few nights ago and I am trying to get my camper/rv off his property as soon as possible, but they are saying... Read more »

Mark Oakley
Mark Oakley answered on Dec 31, 2019

You’re going to need to file a complaint for replevin, and I recommend you use a lawyer.

2 Answers | Asked in Personal Injury and Insurance Bad Faith for Maryland on
Q: Hi I have a personal injury case question regarding a car accident

My car was rear ended and was a total loss. I was taken to emergency room and diagnosed with acute head injury and cervical strain. Driver at fault was underinsured with $10,000 liability limit. Her insurance company is low balling the settlement for pain and suffering, loss wages and end of the... Read more »

Mark Oakley
Mark Oakley answered on Dec 31, 2019

You cannot sue the other driver’s insurance company for anything. You can only sue the driver. The driver’s contract with his/her insurance carrier has nothing to do with you. Their insurance company’s only obligation is to pay any judgment you obtain against their insured driver. The only... Read more »

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1 Answer | Asked in Car Accidents and Personal Injury for Maryland on
Q: hello, i had an accident case 20 years ago, we got judgement in federal court, large sum. can it be pursuit still?

federal judge dismissed insurance company, saying that: we need to get judgement first against dealership, because they were not informed, but they were in the court. after we got the judgement, then since i didn't speak English, my own lawyer i believe made deal with all state insurance company,... Read more »

Mark Oakley
Mark Oakley answered on Dec 31, 2019

Why did you wait 20 years to ask this question? I doubt there will be any bank or insurance company records, paper or electronic, left to trace what happened to the proceeds. Is the lawyer still practicing? Is he alive even? While you were entitled to a complete accounting of how the settlement... Read more »

2 Answers | Asked in Estate Planning and Probate for Maryland on
Q: Elderly parent relocating from LA to MD. Is the will from LA void, or should I have dad update his will for MD?

Elderly parent must relocate to my home in so. MD. His will is under LA. Does this matter at time of death?

Mark Oakley
Mark Oakley answered on Dec 31, 2019

A will valid in one state remains valid in another. However, I would recommend reviewing it with a lawyer anyway and making sure his healthcare power of attorney and financial power of attorney are up to date and in compliance with MD law. The POAs will likely become necessary far sooner than his... Read more »

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1 Answer | Asked in Contracts, Real Estate Law, Arbitration / Mediation Law and Landlord - Tenant for Maryland on
Q: Security Deposit return

I was renting a house with a few military friends, all three of us were on the lease. I decided to get a place of my own and move out early. Both other tenants and the landlord was notified and I would receive no penalty. An addendum was signed and I was told by landlord and tenants that I would... Read more »

Mark Oakley
Mark Oakley answered on Dec 24, 2019

Sue the co-tenant who received your share of the security deposit in small claims court. Whether it is worth your time and effort is a value judgment on your part. It is not worth hiring and paying a lawyer for this amount.

1 Answer | Asked in Child Support for Maryland on
Q: Can I still get a modification hearing for a current child support order even if the other party refuse to come to court

I had to serve him restricted certified mail but he lies saying he's not home and won't sign

Mark Oakley
Mark Oakley answered on Dec 24, 2019

So long as the court accepts that he has been properly served, the court can meter an order modifying support; however, child support is determined based on the incomes of the parties, as well as health insurance and daycare costs, and the burden of proving those dollar amounts is on the party... Read more »

1 Answer | Asked in Criminal Law and Family Law for Maryland on
Q: Is it against the law for a step brother and step sister to get married?
Mark Oakley
Mark Oakley answered on Dec 24, 2019

So long as they do not have a biological parent in common, and so long as the youngest one is at least 16 and not living in the same household as the older one who has turned 18 already, and the older one is not otherwise in a position of authority over the younger one, then legally the two could... Read more »

1 Answer | Asked in Criminal Law and Divorce for Maryland on
Q: What is the legal penalty in Maryland for non payment of a court ordered judgment of 35,000 that has not been paid?
Mark Oakley
Mark Oakley answered on Dec 24, 2019

For ordinary civil judgments, like credit card debts, contracts, and the like, the judgment simply accrues 10% simple annual interest. Not paying it has no other penalty. For certain types of debt obligations, such as in Family law cases, including court ordered child or spousal support, in... Read more »

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