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Questions Answered by Scott Scherr
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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read more »

1 Answer | Asked in Traffic Tickets for Maryland on
Q: In MD, school bus' flashing lights came on while I was next to it headed in the opposite direction. Can I fight ticket?

I received a ticket (Maryland State 21, Subtitle 7 of the Transportation article violation) for driving past a stopped school bus with flashing lights and the stop sign extended in PG County, MD. I was on a two-lane road, going in the opposite direction from the bus. Looking at the footage, the... Read more »

Scott Scherr
Scott Scherr
answered on Jan 22, 2023

You should request a trial and go to court. The judge will watch the video and you can testify to what happened. The judge will decide the case. If it was a camera ticket (as opposed to being stopped by a police officer), then there are no points assessed.

1 Answer | Asked in Traffic Tickets for Maryland on
Q: I changed lanes safely in front of a vehicle with flashing lights. I thought I was using the proper distance and I made

a lane change. I was stopped by highway police. Not understanding why?

Scott Scherr
Scott Scherr
answered on Jan 20, 2023

If you received a traffic ticket, you should request a trial within 30 days of the ticket and go to court. If the police officer does not appear, you would be acquitted. If the police officer appears, you can have a trial. Even if you are convicted, the judge can offer probation before judgment... Read more »

2 Answers | Asked in Car Accidents for Maryland on
Q: I was turning right at an intersection + a truck was driving on my right, in a location marked as a city bus stop. I had

My blinker on and began to turn when the light turned green. The truck hit my car on the passenger side door. Who is at fault?

Scott Scherr
Scott Scherr
answered on Jan 20, 2023

An attorney would need to review pictures of the intersection, the police report, and witness statements. In many bus only lanes, other drivers are permitted to enter the lane and turn just prior to the intersection. You can pull up pictures of the intersection using Google maps.

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2 Answers | Asked in Cannabis & Marijuana Law for Maryland on
Q: In the state of Maryland is the smell of weed a reason to search my car
Scott Scherr
Scott Scherr
answered on Jan 17, 2023

There are cases that hold that it is enough to search your car. The cases distinguish between the search of your car during a traffic stop and the search of your person when you are in a store. Of course, the issue turns on the facts of the stop and you should discuss that with an attorney.

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2 Answers | Asked in Criminal Law for Maryland on
Q: CAN THIS TRESPASS LAW IN ART. SIX, SUBTITLE 4 APPLY TO THE VISITING FAMILY OF ASSISTED LIVING RESIDENTS

OWNER OF ALF CALLED POLICE WHO ISSUED A WRITTEN WARNING TO DAUGHTER OF A RESIDNET

Scott Scherr
Scott Scherr
answered on Jan 17, 2023

The owner of the property can issue a warning that someone is not allowed on the property. If she comes on the property, she can be charged with trespass. It does not matter that it is the daughter of a resident.

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1 Answer | Asked in Cannabis & Marijuana Law for Maryland on
Q: Under 21, 1st offense, under 10 grams Marijuana, Maryland, do I need an lawyer?
Scott Scherr
Scott Scherr
answered on Jan 7, 2023

It is a civil citation and not a criminal charge. You cannot be sent to jail. Since you are under 21, the judge can order you to a drug treatment or education program.

An attorney may be better able to raise technical defenses such as insisting the State be able to prove the substance was...
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1 Answer | Asked in Criminal Law for Maryland on
Q: In Baltimore City when you ask for a Public Attorney how long should it take for one is provided for? Two months no P.A.

Son has been in Jail two months and no Public Attorney has come to see him yet.

Scott Scherr
Scott Scherr
answered on Jan 5, 2023

A Public Defender should enter his or her appearance for him promptly. He should reach out to the Public Defender's office. As far as when they come to see him, that is a different matter. They are extremely busy and I do not know how they decide when to visit their clients who are incarcerated.

2 Answers | Asked in Criminal Law for Maryland on
Q: Hi, I have been charged with disorderly conduct, resist arrest, and fail to obey lawful order. All three are misdemeanor

This is my first offense. What usually happens in these cases?

Scott Scherr
Scott Scherr
answered on Jan 2, 2023

Jail is unlikely for a first time offender. An attorney can probably keep a conviction off your record. You should retain private counsel or go to the Public Defender.

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2 Answers | Asked in Traffic Tickets for Maryland on
Q: If i got a Traffic violation ticket in a company vehicle during business hours, do I have to pay the ticket? State MD
Scott Scherr
Scott Scherr
answered on Dec 20, 2022

If your name is on the ticket, then it is your responsibility. If you fail to take care of it, your license will be suspended.

Now, if it is a moving violation, do not pay it. Request a trial within 30 days and go to court. You do not want to receive points on your license.

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3 Answers | Asked in Criminal Law for Maryland on
Q: I was charged with a theft scheme less than $1500 (>$500 really), in Frederick county, Maryland. I have no previous

Convictions or criminal record whatsoever nor do I have anything any record on my driving record. I unfortunately was laid off prior to being served, and with it being Christmas and having children have no funds for a lawyer, what do you believe to be the most likely outcome in my particular case,... Read more »

Scott Scherr
Scott Scherr
answered on Dec 16, 2022

If you cannot retain private counsel, contact the Public Defender as soon as possible. Jail is unlikely for a first time offender. An attorney will likely be able to keep a conviction off your record. You should be prepared to make restitution which will be required and also go a long way to... Read more »

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1 Answer | Asked in Criminal Law for Maryland on
Q: Could a first offender petty theft crime be treated as an infraction in MD rather than a misdemeanor
Scott Scherr
Scott Scherr
answered on Dec 12, 2022

In Maryland, all crimes are either misdemeanors or felonies. There is no such thing as an "infraction." However, in some cases, the State will agree to drop the charge in exchange for community service. You should retain counsel to represent you.

1 Answer | Asked in Business Law and Contracts for Maryland on
Q: Can a vendor unilaterally add a 3% cc fee if it was not contained in the original contract. Emailed change eff 1 Jan.

I signed a contract in state of MD):

If Organization wishes to pay any portion of its obligation by credit card, they may do so and request additional payments using the iVvy link provided to them when they received this contract up until 30 days prior to the event date. Once it is within... Read more »

Scott Scherr
Scott Scherr
answered on Nov 10, 2022

An attorney would need to review the entire contract to render an opinion. However, a business can change the terms of its contract periodically. For example, Comcast changes the terms of its contract with its customers regularly. The rates and service charges increase and the fine print changes.... Read more »

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