Orange Park, FL asked in Traffic Tickets and Small Claims for Maryland

Q: What is the point penalty for first offense Maryland - TA.21.1124.2.D2?

I got a traffic citation in Lexington Park, Maryland. TA.21.1124.2.D2 - "Driver using hands to use handheld telephone while motor vehicle is in motion". This is my first offense and on a quick search there is a fine of 83$ and no point since I did not contribute to an accident. However, another third party source told me the laws recently changed in Maryland and have increased the point penalty to 3 points even if I did not contribute to an accident. I would like a Lawyer to answer this question for me so I know what is true and what is not. Thank you.

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

A: It carries 3 points. Request a trial, NOT a waiver hearing. If the officer does not show, you plead not guilty and will be found not guilty. If he shows, and you admit you did the deed, you can plead guilty with explanation. Ask for a probation before judgment (PBJ), which will result in no conviction and no points. if you have a good driving record, print it out from the MVA website and bring it to show the judge. Set up hands free telephone in your car, and explain that you did so to the judge and that since this incident you only use the phone hands free.

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