Maryland Traffic Tickets Questions & Answers

Q: Do this violation have points or license suspension if paid in full instead of requesting a trial Ta-13-410H

1 Answer | Asked in Traffic Tickets for Maryland on
Answered on Mar 18, 2019
Mark Oakley's answer
13-410(h) only provides that you may return a license plate by mail. I cannot see how you can violate that provision as it neither prohibits nor requires action. Generally, however, violations regarding tags and registration do not carry points or impact your drivers license, as they are not considered moving violations and do not carry jail.

Q: Do this violation have points or license suspension if paid in full instead of requesting a trial

1 Answer | Asked in Traffic Tickets for Maryland on
Answered on Mar 15, 2019
Mark Oakley's answer
Does what violation? You did not specify the violation. If you can cite the specific code section listed on the ticket, that will be the best way to know.

Q: Is it OK to cross double yellow line to pass a slow car in Maryland, like you can for a horse carriage or farm tractor?

1 Answer | Asked in Traffic Tickets for Maryland on
Answered on Feb 26, 2019
Lee Eidelberg's answer
No. There has to be a broken line in your direction. The double yellow line is there because of the risk of encountering oncoming traffic.

Q: I received a speeding ticket out of state Section 3361 Driving At Safe Speed. Should I file guilty or not guilty? Thanks

1 Answer | Asked in Traffic Tickets for Maryland on
Answered on Feb 17, 2019
Lee Eidelberg's answer
Points did not transfer from Pennsylvania to Maryland for a speeding violation, although a conviction in Pennsylvania can appear on your Maryland driving record. You'd be best to confer with a Pennsylvania attorney to determine whether the expense and effort are worth fighting a ticket, depending on the specific facts and circumstances concerning your citation.

Q: What can i do if I purchase tags that were fictious and I wasn't aware,? I want to get an idea of what court may say.

1 Answer | Asked in Traffic Tickets for Maryland on
Answered on Feb 17, 2019
Mark Oakley's answer
You can only obtain legal tags from the MVA. You cannot purchase tags from a private party. There’s really no excuse or explanation for not knowing this. Anything you say will be simply unbelievable. The only thing is to get your car legally registered, bring proof to court, and say you will never do this again. Ask for a “probation before judgment” to avoid a conviction. Or hire a lawyer.

Q: I got a ticket for driving without insurance. never asked me about insurance during our conversation.

2 Answers | Asked in Traffic Tickets for Maryland on
Answered on Jan 31, 2019
Mark Oakley's answer
Request a trial and NOT a waiver hearing, if these tickets are payable fines. If either ticket you received is not payable (e.g., "MA" or "Must Appear") then don't pay any ticket as they will all be scheduled for trial together and you'll receive a date. Hire a lawyer. These tickets are defensible.

Q: Can a police officer give you a ticket for speeding if he was standing on the side of the road with no radar?

1 Answer | Asked in Traffic Tickets for Maryland on
Answered on Jan 24, 2019
Mark Oakley's answer
Yes, but you can challenge his ability to estimate speeds so specifically, and if he shows, and the judge believes your were exceeding 25, I would imagine the judge would at least cut the speed over to a one point 0-9 mph over rather than 10-29 over (which is a 2 point defense and is what you’re charged with). If the officer doesn’t show you’ll be found not guilty, but you must request a trial (not a waiver hearing).

Q: Is there a way to make a deal with the judge to get waived out of getting points from a speeding ticket?

2 Answers | Asked in Traffic Tickets for Maryland on
Answered on Jan 15, 2019
Lee Eidelberg's answer
Requesting a waiver hearing means that you're excusing the Officer from appearing in court and essentially pleading guilty with or without an explanation - but hoping your appearance (or that of an Attorney who can appear with or without you) will obtain a more favorable disposition than simply paying the ticket. If you pay the ticket, you've pled guilty, are found guilty and will receive the point(s) associated with the violation. By requesting a trial (or a waiver hearing) you at least...

Q: Cited for 21-707 -Failure to Stop at Stop Sign Line, but Location of Offense listed is where officer pulled me over?

1 Answer | Asked in Traffic Tickets for Maryland on
Answered on Jan 9, 2019
Lee Eidelberg's answer
The citation should accurately list the location at which the violation occurred, and if evidence is presented that the location of the offense has no stop sign, it is conceivable, if you have a trial, that you could be acquitted due to a variance in the charging document and the evidence presented. The question is whether you want to hire an attorney to provide you with the best opportunity to contest the citation or "go it alone." Be forewarned that in Traffic Court, a judge could allow...

Q: Is it legal or is there a fine for entering or driving in a road work zone, if you are not one of the workers?

1 Answer | Asked in Traffic Tickets and Construction Law for Maryland on
Answered on Jan 7, 2019
Lee Eidelberg's answer
While your post is a bit vague, it is possible an Officer could cite you for failing to obey a lawful traffic control device (yes, posted signed are deemed devices) or a comparable violation if you had no legitimate basis for driving in a "work zone." However, a response to your post could be more specific if you indicated whether you were actually cited for a violation - and what the violation or Transportation Article Code section was noted.

Q: How do I know how much to agree to pay an attorney. Is there a written contract?

1 Answer | Asked in Traffic Tickets for Maryland on
Answered on Dec 31, 2018
Mark Oakley's answer
The lawyer will yell you, and yes, there is ordinarily a written retainer or flat fee agreement. If the lawyer does not give you one in writing, ask for one. Lawyers charge differently—each has his/her own rates. Fees depend on the complexity/seriousness of the charge, and on the experience of the lawyer. Most lawyers charge within a fairly common range for most cases. Talk to two or three layers and get quotes before deciding on the lawyer with whom you feel most comfortable.

Q: Is tailgating legal in the state of Maryland?

1 Answer | Asked in Traffic Tickets for Maryland on
Answered on Dec 27, 2018
Mark Oakley's answer
Following too closely behind another vehicle is a violation of the vehicle code and may be cited by an officer if it appears the conduct is unsafe under the traffic conditions and circumstances.

Q: Is code TA-16-101(A1) A JAILABLE OFFENSE

1 Answer | Asked in Criminal Law and Traffic Tickets for Maryland on
Answered on Dec 23, 2018
Mark Oakley's answer
Yes, up to 60 days. Hire a lawyer and get the charge dropped or amended down to a non-jailable offense, which will avoid the VOP. Be aware, failure to notify your PO of the new charge will be a VOP all by itself.

Q: why can i not drive my historic car on the weekend?

1 Answer | Asked in Criminal Law and Traffic Tickets for Maryland on
Answered on Dec 11, 2018
Mark Oakley's answer
If you received a citation then the code section alleged to be violated must be printed on it. I am not aware of any weekend prohibition. So long as your historic vehicle is not a truck over 10,000 lbs. or a camper over 25 years old, then A vehicle registered as historic cannot be used for general daily transportation, or primarily for the transportation of passengers or property on highways. It can only be used in exhibitions, club activities, parades, tours, occasional transportation and...

Q: Is turning left over double yellow lines illegal in Maryland? Can you provide a link to the law that talks about this?

1 Answer | Asked in Traffic Tickets for Maryland on
Answered on Nov 26, 2018
Mark Oakley's answer
The officer is required to list the specific Transportation Code provision by title , section and, if applicable, subparagraph, that you are accused of violating. It is on your citation. Look that provision up, and then you will know what the law is that the officer claims you violated. That’s the only provision you can be convicted of at this point. You can request a trial (don’t request a waiver hearing), and if the officer does not show, you’ll be found not guilty. If he shows, explain...

Q: how many point for one drive license in the state Maryland

1 Answer | Asked in Traffic Tickets for Maryland on
Answered on Oct 16, 2018
Mark Oakley's answer
Not sure what you are asking, but if you accumulate 8 points in any 2 year period, the MVA can suspend your MD license. 12 points will result in revocation of your license.

Q: Can you still park within 30ft of a bus stop on the weekend when the bus doesn’t run at all?

1 Answer | Asked in Traffic Tickets for Maryland on
Answered on Oct 16, 2018
Daniel P Leavitt's answer
I recommend that you call a skilled MD traffic lawyer who will be able to guide you in the right direction.

Q: If you get a traffic violation on provisional and plan for trial do you restart 18 months from date of ticket or trial?

1 Answer | Asked in Traffic Tickets for Maryland on
Answered on Oct 16, 2018
Daniel P Leavitt's answer
You will want to contact a skilled MD traffic lawyer. Many of these lawyers will offer a consultation over the phone to explain what they may be able to do for you.

Q: Received ticket less then 12 months after receiving PBJ. What should I do?

1 Answer | Asked in Traffic Tickets for Maryland on
Answered on Oct 16, 2018
Daniel P Leavitt's answer
Contact a skilled MD traffic attorney and hopefully they can guide you in the right direction.

Q: How do i remove a suspension of my license from a judgment that was vacated

1 Answer | Asked in Traffic Tickets, Car Accidents, Civil Litigation and Small Claims for Maryland on
Answered on Sep 13, 2018
Eric Todd Kirk's answer
I would suggest you contact the MVA, show them your paperwork, and follow their direction to get your license reinstated.

http://www.mva.maryland.gov/about-mva/info/27200/27200-07T.htm

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