Woodbridge, VA asked in Traffic Tickets for Maryland

Q: PA regular license and got speeding ticket in MD for going 74 in 65 limit zone. First traffic offense.

Hi, I am PA resident and have PA license. I was driving from PA to VA When I got speeding ticket in Maryland. The ticket says 74 on 65 limit and shows an $80 fine to be paid.

What would be best practice in my case as this is the first offense.

1. Should I just pay the fine and move on ?

2. If so then how long will this stay on my record ?

3. Do I have a good chance to get it dismissed in court ?

4. If so then will an Attorny be able to attend on my behalf and take care of this. And how much will be Attorny’s fee ?

5. And lastly will I need to take any class if I proceed to hire an attorney to dismiss this charge ?

Thank you in advance.

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1 Lawyer Answer
Mark Oakley
Mark Oakley
Answered
  • Criminal Law Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: 1-9 mph over limit is a 1 point offense in MD, and when the officer cites at exactly 9 over this usually indicates he gave you a break and reduced your actual speed to the 1 point range. If this is the case, some judges won’t give you a further break if you plead guilty or are found guilty at trial. On the other hand, with a clean driving record, many judges will grant a “probation before judgment (PBJ)” which has the effect of striking the guilty finding and you get no points and it won’t appear on your record anywhere. If you request a trial (not a waiver hearing) and the officer fails to show, or appears but fails to have the certified calibration records for the device he used to clock your speed, then you’ll be found not guilty. Yes, a lawyer can appear with you, or can appear for you without you being present. Fees are different for every lawyer. Figure $500, more or less, if you select a lawyer in the county where the case is scheduled, which will be the same county he ticket was issued.

Now, if you simply pay the ticket or you’re found guilty and the judge gives you no breaks, you get a point on your MD privilege, which stays for 2 years from the date of the violation (not the date you pay or are found guilty). This has no impact in Maryland (it takes 8 active points to get suspended in MD). For PA, the speeding conviction will appear on your PA drivers record, along with the speed over. You will need to ask a PA lawyer whether PA imposes it’s own points for an out of state ticket conviction. MD does not impose points for out of state tickets it’s licensed drivers receive, but other states do (VA, for example), although the conviction appears. Therefore, your auto insurer will see the speeding violation if you pay the ticket or are found guilty, so you may get a premium increase.

Hopefully this gives you enough information to decide what you want to do. Taking a driver improvement class may or may not be necessary to get a PBJ disposition, but it won’t hurt of course.

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