Elkridge, MD asked in Traffic Tickets for Maryland

Q: Is there a way to plead not guilty if officer saw me spinning wheels i havent recieved a ticker for 14 months

i havent received a ticker for over 14 months im at 7 points right now with this i think i will be at 8 and that will be a suspension i believe in maryland i am also a state inspector and will lose my job

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2 Lawyer Answers

A: IF you ever are cited, you can request a trial by mailing in the form at the bottom of the ticket, and plead not guilty then; or if found guilty, request a "probation before judgment" which has the effect of striking the conviction and you get no points. However, you need to be charged first, and traffic citations like this are handed out at the time of the offense, not more than 14 moths later. Plus, there is a one year statute of limitations for charging minor traffic citations, and you are beyond that time. If what you mean is that you were given a ticket and there has been no trial date yet, then you need to clarify if you ever requested one or not. If you were cited and never requested a trial or paid the fine, then it may be too late to request the trial, but to do so you will need to file a motion for a trial together with the unpaid fine, and if the curt grants your request, then the fine will be refunded to you if you are found not guilty.

Scott Scherr agrees with this answer

A: I think you are indicating that you received a ticket for spinning wheels and that your last ticket was 14 months ago before that one. You should request a trial and not a waiver hearing within 30 days. If the police officer does not appear, you will be acquitted. If the police officer appears and you are convicted, the judge can offer probation before judgment which avoids the points.

I recommend that you do driver improvement before court and bring a letter from your employer to court establishing your need to keep your license.

You are correct that if you hit 8 points, your license will be suspended. Should that happen, you can request an administrative hearing and ask the Administrative Law Judge to reduce or modify the suspension so can go to work.

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