I have to file for a motion of recall
You never know. The Sheriff's Office typically has deputies present in the courthouse, and of course there are often police officers there for court. While you might walk in, drop off the motion, and not identify yourself as the defendant (the person filing a motion is not necessarily the person... Read more »
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?
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... Read more »
Camera tickets appear on your driving record once you pay them, or after you fail to pay them on time. They do not result in points, may not be used as a basis to suspend your license, and may not be used or considered in connection with an insurance company either setting your premium or granting... Read more »
He has to go to court this week...does he need a lawyer?
It would be wise. Driving without a license is a jailable offense, which although may not be a likely sentence, depends on other factors like his past history. Also, a conviction will seriously set back the time frame for his obtaining a license, and will result in 5 points. So, yes, a lawyer in... Read more »
The Maryland government website says there’s a flat fee of $40 for anyone caught by a speed camera driving 12mph or more over the limit. My sister (a VA driver, if that matters) believes she may have been going 25mph over. Completely on accident — was distracted and didn’t realize she’d... Read more »
No. Speed cameras can only issue citations for speed, and in any event, speed alone (unlike in VA and DC and some other states) cannot be he sole basis for charging reckless driving in Maryland. FYI, payment of the fine does not result in points and cannot be considered by an insurance company in... Read more »
A yellow (amber) light is a favorable light, same as green. Once a vehicle enters an intersection on a yellow light, it has the right of way to complete its passage and all other traffic must yield the right of way.
If I need to appear in court, why didn't the officer put a court date?
Court dates are set by the District Court and mailed to your address on your license. The officer does not schedule the date. Trial will be scheduled for a District Court location in the county (or City of Baltimore) where the offense occurred. This offense carries up to one year in jail, a $1,000... Read more »
Maryland driver here. Got pulled over in Marion VA for reckless driving going 102 in 70 for about 5 seconds trying to get around a cluster of slow drivers (they were going about 55-60). Clean record otherwise though theres some speeding tickets from cams on my vehicle. Wondering about the chances... Read more »
You need to repost this with Virginia selected as the geographic region as you need the advice of a Virginia lawyer.
My driver accidentally went into a street that trucks weren't allowed in, the officer issued a citation, court date isn't set up yet. Will there be any points to this citation?
It's 1 point. Request a trial (not a waiver hearing) and there's a chance to either get a not guilty if the officer fails to show, or a "probation before judgment" disposition which strikes the guilty finding (no conviction, no points, but still pay a fine).
Ok got into a accident and the other driver was drunk and did a hit and run
Also getting on the bus the mta driver had ear phones in his ear so he didn't follow the rules so i want to sue both of them
Contact a member of the Md. Assn for Justice. They give free consultations. Not clear if you were in a car, on the bus, or what, so I can't advise you further.
I received a traffic ticket on 08-06-2019, I paid the traffic ticket and a now I received 2 more tickets on 10-02-2019. Can a officer issue tickets 2 months after the initial encounter? The officer & I got into a argument and I requested a supervisor and spoke to one but was laughed at. Now I... Read more »
Obviously, you have discovered that, yes, he can, and he did. Police officers can add charges, but it is rare. Arguments might be made regarding double jeopardy or res judicata (I am not explaining those nuanced defense theories here). Go to trial on these--if they are payable, then ask for a... Read more »
No. It is not. At least, not on any roads commonly used by the public.
I noticed the calls are coming a little more frequent and the last call I got the rep started being more aggressive in her eluding to taking further steps of action if I don't pay these so-called outstanding tickets? The approach I took with them is I am not paying tickets dating back 6 years plus.... Read more »
Generally speaking, fines and penalties do not have statutes of limitations. In the case of moving violations, nonpayment results in suspension of your driving privileges in the jurisdiction where the unpaid ticket was issued, and then upon notification to the state that issued your license (if... Read more »
Under the Transportation Code, “Highway” means:
“The entire width between the boundary lines of any way or thoroughfare of which any part is used by the public for vehicular travel, whether or not the way or thoroughfare has been dedicated to the public and accepted by any proper... Read more »
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... Read more »
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... Read more »
Essentially my question is, is driving with a suspended an arrestable offense if the drivers license is suspended due to an unpaid fine?
Not if the officer correctly identifies the reason for the suspension. Suspended for unpaid tickets is not a jailable offense. However, they don’t always confirm the correct reason, and if you’re cited for the more serious version, you could be arrested (although ordinarily you’d just be... Read more »
.. an Automated Traffic Camera citation? County video evidence shows citation was issued in violation of MD Code §21–202.1. (b) (2) [Oct. 2018] but was not addressed by District Court Judge.
You can get any fines and costs paid/posted in District Court either credited toward any fines/costs imposed in Circuit Court, or refunded to the extent they exceed those imposed in Circuit Court or you are found not guilty. However, you will not get the appeal filing fee back.
I want to reinstate my drivers license that has been suspended since 2005-06 due to these tickets....Do the fines in Maryland still need to be paid from that long ago?
You can either pay the fines - which will lift the suspensions but result in the highest point assessment for any single violation to appear on your driving record - or request in writing that the court recall the suspensions and set the violations in for trial. Given the age of the violations, a... Read more »
“This excessive length ticket” .... ?? Maybe list the violations and explain where and what the circumstances were, and it may be possible to answer your question. Generally, if you are convicted of a driving offense, it goes on your driving record, along with any points connected to the... Read more »
If I get my license active will my case be resolved with no repercussions. I have to go to court on July 30, 2019. I really don't have the money for a lawyer. The lawyer I spoke with wants $1350 I really can't afford that right now. I just started my new job and only been there for 3 weeks. I was... Read more »
Was your license suspended for an unpaid ticket? Can you pay the ticket, which should immediately reinstate your privilege in the other state? Once you’ve done that, get proof. There are two possible subsections of the driving suspended code provision you were cited under. One is serious, meaning... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
