Elkridge, MD asked in Traffic Tickets for Maryland

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?

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

A: 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 him in any risk of danger. Alternatively, any witness who could say your driving at that time was not a risk of danger to anyone else. In the absence of that, it's the officer's description, and then your opposing description of your driving. The judge first decides whether the officer's description is sufficient to make out the offense, whether the officer is credible enough to believe, and then whether your counter-testimony is sufficiently credible to raise a reasonable doubt about the accuracy of the officer's observations. The officer's testimony must prove that you were driving a motor vehicle with a willful or wanton disregard for the safety of persons or property, or in a manner that indicates a willful or wanton disregard for the safety of persons or property. In other words, you can be found guilty if you did drove like that intentionally or without intending it. The offense caries 6 points, a $1,000 fine (max), but no jail. A judge might also find you guilty of negligent driving (1 point), which is driving in a careless or imprudent manner that endangers the life or property of a person. Hiring a lawyer would increase your chances of a better result.

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