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Questions Answered by Scott Scherr
4 Answers | Asked in DUI / DWI and Traffic Tickets for Maryland on
Q: Arrested for DUI in Maryland after refusing sobriety tests. What are my options?

I was pulled over in Maryland for not coming to a complete stop at a stop sign, and an officer suspected I was under the influence due to slurred speech and odor of alcohol. It was my first offense, and although I refused the sobriety tests and was arrested for a DUI, my license was not taken. I... View More

Scott Scherr
Scott Scherr
answered on Jul 6, 2025

You need to retain counsel to represent you. You face a lengthy suspension of your license if you blew .08 or above or refused the test unless you file for a MVA hearing within a very short timeframe or elect the interlock for one year. An attorney can advise you of your chances of success at the... View More

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4 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for Maryland on
Q: Can I be sued for my daughter's minor rear-end accident in Maryland with no police report?

My daughter, who is a licensed driver, was involved in a minor rear-end accident while driving my vehicle in Prince George's County, Maryland. I am the sole owner of the vehicle. After the accident, passengers from the other vehicle left the scene without any communication and later filed a... View More

Scott Scherr
Scott Scherr
answered on May 29, 2025

Both you and your daughter can be sued. The lack of a police report does not preclude a lawsuit. However, you may have a defense to the lawsuit if your daughter was not your agent at the time of the accident. If you and/or your daughter are sued, turn the matter over to your insurance company and... View More

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3 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for Maryland on
Q: Would permissive use laws cover me in a borrowed car with a new insurance policy in Maryland?

I am an 18-year-old driver in Maryland, and over the past year, I've been involved in two at-fault accidents. Currently, I'm excluded from my parents' insurance policy, but I still have my driver's license. If my parents obtain insurance from a different company on a car and... View More

Scott Scherr
Scott Scherr
answered on May 27, 2025

If your parents get new insurance and include you as a listed driver, then you would be covered under the new policy. You are not covered under their current policy so you should not drive any of their vehicles until a change is made.

If your parents take out a new policy and do not list...
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3 Answers | Asked in Traffic Tickets and Insurance Defense for Maryland on
Q: Is citation TA-21-405(e(21)) correct and how will it impact insurance?

I received a citation from a Maryland State Police officer for failure to make a lane change, with citation number TA-21-405(e(21)). I can't find this specific citation in the Maryland code. During the incident, traffic was very heavy, and a convoy of trucks prevented me from safely moving... View More

Scott Scherr
Scott Scherr
answered on May 10, 2025

This is a moving violation. I believe it is 1 point unless it was an accident in which case it is 3 points. You should request a trial and not a waiver hearing and go to court. If the officer does not appear, you will be acquitted. If the officer is present, you can decide whether to have a trial... View More

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3 Answers | Asked in Car Accidents, Consumer Law, Insurance Defense and Personal Injury for Maryland on
Q: Do I have to complete all insurance listed repairs if the car is totaled in Maryland?

I was involved in a car accident in Maryland and received an insurance estimate for repairs, including painting, which is expensive. However, the insurance company now wants to total the car. Do I need to complete all the repairs listed, including the paint, or can I choose not to, given that I... View More

Scott Scherr
Scott Scherr
answered on May 3, 2025

If the car is totaled, the insurance company will pay you the fair market value of the vehicle plus 6% sales tax and tags. If you wish to keep the vehicle, they will deduct salvage value and you will have to get a salvage title. It may be more expensive and difficult to insure the vehicle. You do... View More

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2 Answers | Asked in Criminal Law and Immigration Law for Maryland on
Q: Can I travel to Turkey with a resolved misdemeanor charge?

I am a U.S. citizen with a resolved misdemeanor charge involving my stepdaughter. Before this, I had no prior legal issues. I previously traveled to the UK in February without any problems. I am now planning to travel to Turkey and want to know if I might face any difficulties due to this charge.... View More

Scott Scherr
Scott Scherr
answered on Apr 5, 2025

If you are on supervised probation, you need permission from your probation officer or the judge to leave Maryland. This is a standard condition of supervised probation. You will also need to see if there any restrictions in being allowed into Turkey with a conviction which depends on the laws... View More

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2 Answers | Asked in Criminal Law for Maryland on
Q: Can I expunge 42-year-old charges for open container and resisting arrest in Maryland?

I am looking to have a guilty finding for an open container violation and resisting arrest from 42 years ago expunged in Maryland. The offenses occurred when I was 19 years old, and I am currently 60. In the past, I had other convictions, including possession with intent to distribute in 1988... View More

Scott Scherr
Scott Scherr
answered on Mar 14, 2025

If you received probation before judgment, they can both be expunged. If the convictions are intact and they arose from the same incident, then they cannot be expunged because resisting arrest cannot be expunged. Under the unit rule, both charges must be eligible. However, the laws change... View More

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1 Answer | Asked in Criminal Law for Maryland on
Q: Can I expunge a minor firearm possession record in MD to own a firearm?

I was charged with the minor in possession of a firearm in Maryland and entered a plea agreement which resulted in a 9-month sentence. This incident occurred 8 years ago, and I have had no more legal incidents since then. I would like to know if I can have this record expunged in order to legally... View More

Scott Scherr
Scott Scherr
answered on Mar 5, 2025

It depends whether you received probation before judgment and the exact charge. If you received probation before judgment, it can be expunged now. If the conviction stood, then you would need to review the list of convictions that can be expunged or speak with an attorney.

1 Answer | Asked in Traffic Tickets for Maryland on
Q: Is it legal to drive with historical tags on weekends in MD?

I'm in Baltimore County and considering historical tags for my 2001 Chevy Cavalier. Is it legal to drive the car on weekends for activities like grocery shopping and commuting to my part-time job if I'm the only person in the car? I want to ensure I follow the laws and avoid any violations.

Scott Scherr
Scott Scherr
answered on Feb 26, 2025

Historic vehicles cannot be used for general transportation or to transport passengers or property on highways. They cannot be used to go to work or school. They can only be used in exhibitions, club activities, parades, yours, occasional transportation, and other similar uses. Thus, you cannot use... View More

1 Answer | Asked in Animal / Dog Law, Arbitration / Mediation Law and Civil Litigation for Maryland on
Q: I am being sued because my dog bit someone else's after getting out and need to know my options

I had a cousin staying with me temporarily while getting back on his feet after moving back to our home state he was very informed about the fact they my dog is reactive and has dog on dog aggression I keep signs posted I keep two out of three of my property gates permanently sealed to have the... View More

Scott Scherr
Scott Scherr
answered on Feb 7, 2025

If you have homeowner's insurance, you should report the claim to your carrier and they should cover the claim. They would hire an attorney to defend you and pay any judgment that is rendered.

If not, your cousin may jointly and severally liable and you could sue him for...
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1 Answer | Asked in Criminal Law for Maryland on
Q: Cjis code 3-2400 Statute Code: 27.342 x theft 300 plus value in 1997 - closed 2001. Can you explain

I did 60 days on 90

Scott Scherr
Scott Scherr
answered on Jan 28, 2025

You may be eligible to get your record expunged and you should speak with an attorney. In 1997, theft over $300.00 was a felony. The amount for the felony charge has since been increased. It sounds like you were charged in 1997 and your probation ended in 2001. Article 27, Section 342 in the old... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: In September 2021, I had a criminal charge placed on the stet docket. I’ve since completed all the requirements

In September 2021, I had a criminal charge placed on the stet docket. I’ve since completed all the requirements associated with the stet and filed a motion to change my stet disposition to nolle prosequi. My question is: do I need to file a separate motion to expunge this charge from my record,... View More

Scott Scherr
Scott Scherr
answered on Jan 27, 2025

You can get is expunged (without filing a motion to change the entry to a nolle prossequi) by filing a Petition for Expungement. The form is online. You are entitled to expungement three years from the entry of the stet.

You have no authority to reopen a stet to enter a nolle prossequi....
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2 Answers | Asked in Criminal Law for Maryland on
Q: If I have a few district and circuit corrupt cases all pbj or stet can I file forms of expungement on all of them at onc

Can I fill out a form for each at the respective courts the cases were held. Some are modifications some original. Last case was 2015 and modified felony to pbj in 2/2021

Scott Scherr
Scott Scherr
answered on Dec 27, 2024

You need to file a seperate Petition for Expungement for each case and file each one in the appropriate court. You can file them all on the same day so long as each one is eligible.

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2 Answers | Asked in Criminal Law for Maryland on
Q: PWID felony was modified to pbj 3 years later. 3 years have passed since then. Does pbj affect firearms rights

I have expungement petition in but wanted to know pbj effects on firearms in md

Scott Scherr
Scott Scherr
answered on Dec 27, 2024

Yes, a PBJ for this charge will still disqualify you. Once you get your record expunged, you should be eligible but I have heard reports of a few people still having issues.

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1 Answer | Asked in Car Accidents for Maryland on
Q: What recourse do I have against the police department not citing a person who ran a red light and collided with us?

A person ran a red light and t boned my family and I. On the police report, they stated he ran the red light, was at fault, but didn't give him a citation. They also said he wasn't distracted and was never tested for alcohol. What can I do to make my family whole? And have this man face justice?

Scott Scherr
Scott Scherr
answered on Dec 8, 2024

You and your family can make a claim against the other driver's insurance company for property damage and bodily injury. If any of you were injured, you should retain an attorney. All of your claims are against the other driver and not the police. The police cannot be sued for failing to issue... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: Hi I was arrested and received a fare evasion citation in PG County MD with $50 fine and no jail. Need help

I have court this month in Prince Geor g e MD District Court and want expungement.

Scott Scherr
Scott Scherr
answered on Nov 12, 2024

You can only get the charge expunged immediately after court if you were acquitted of the charge or the State entered a nolle prossequi dropping the charge. If you are convicted and receive probation before judgment, you must wait three years to get it expunged or sooner if you can show good cause.... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: If one were pulled over in Maryland for driving an unregistered vehicle, would he get a court summons or criminal record
Scott Scherr
Scott Scherr
answered on Oct 31, 2024

No, you will not automatically get a trial date. You have 30 days from the date of the incident to request a trial or waiver hearing or to pay the citation. If you fail to act, your license will be suspended. You should request a trial and not a waiver hearing if you wish to contest the ticket.... View More

1 Answer | Asked in Traffic Tickets for Maryland on
Q: Can we fight a citation for Failure to attach vehicle registration plates at front and rear?

My son’s license plate holder was broken so we had to put the plate in the front window. He was stopped and issued a citation “Failure to attach vehicle registration plates at front and rear”. This is incorrect because his rear license plate was attached correctly. Can we take this to trial?... View More

Scott Scherr
Scott Scherr
answered on Sep 5, 2024

Maryland law requires plates be attached to both the front and back. Therefore, he did violate the statute.

However, he can request a trial and go to court. If the police officer does not appear, he will be acquitted. Even if the police officer is there, the judge may reduce the fine if he...
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1 Answer | Asked in Gov & Administrative Law and Traffic Tickets for Maryland on
Q: How long of a delay does a traffic stop add to your overall time to get a License In Maryland?

So I went in today to renew my Provisional Driver License to a Regular Driver License due to me being 21 now and my Providional Driver License being expired. They renewed it for me and when I got back home and looked at the paper, it says that they renewed my Provisionals DL for an additional 6... View More

Scott Scherr
Scott Scherr
answered on Aug 24, 2024

You should get a certified copy of your driving record and probation before judgment record. It will show all convictions and PBJ's. Only moving violations should reset the provisional license. If you have no moving violations, go back to the MVA and speak with a supervisor.

1 Answer | Asked in Traffic Tickets for Maryland on
Q: My daughter received a camera citation for not completely stopping before making a right turn. She was not the driver; I

was the driver; now the traffic police is asking her to snitch on a transfer of liability ; is there a law in MD that re butts this transfer of liability " snitching?"

Scott Scherr
Scott Scherr
answered on Aug 22, 2024

The Maryland statute states that it is a defense to a camera ticket that you were not the driver, but that you then need to identify the driver. See Md. Ann. Code, Trans. Art., Sec. 21-202.1.

The ticket only carries a $75.00 fine and does not carry points.

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