Maryland Traffic Tickets Questions & Answers
Q: Is there a way to make a deal with the judge to get waived out of getting points from a speeding ticket?
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...
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?
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...
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?
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.
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?
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.
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 code TA-16-101(A1) A JAILABLE OFFENSE
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.
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?
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...
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?
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...
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
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.
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?
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.
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?
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.
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?
Daniel P Leavitt's answer
Contact a skilled MD traffic attorney and hopefully they can guide you in the right direction.
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
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Answered on Sep 13, 2018
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
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
Q: Is the best way to beat a speeding ticket to show up in traffic court?
Mark Oakley's answer
Yes, request a trial, not a waiver hearing. if the officer fails to show, you will be found not guilty. if the officer shows, then it depends on the facts. However, if you have no defense, you can at that time plead guilty with explanation, and request the judge either not impose points (grant a probation before judgment which results in no conviction), or reduce the points, and/or reduce the fine. A lawyer can help you with your defense if you cannot afford to have the conviction on your...
Yes, request a trial, not a waiver hearing. if the officer fails to show, you will be found not guilty. if the officer shows, then it depends on the facts. However, if you have no defense, you can at that time plead guilty with explanation, and request the judge either not impose points (grant a probation before judgment which results in no conviction), or reduce the points, and/or reduce the fine. A lawyer can help you with your defense if you cannot afford to have the conviction on your...
Q: I got 2 tickets from Illinois state trooper 1 is bcoz of speeding & my little son was not on car seat.
Mark Oakley's answer
You need to contact a lawyer in Illinois to advise you on how best to address these citations and what the Illinois penalties would be, both to your privilege to drive and otherwise. MD does not transfer out-of-state points or impose points in MD for out-of-state convictions. However, any traffic conviction from Illinois will appear on your MD driving record, and should Illinois impose any suspension of your driving privilege, then MD would impose the same suspension. It may be possible for a...
You need to contact a lawyer in Illinois to advise you on how best to address these citations and what the Illinois penalties would be, both to your privilege to drive and otherwise. MD does not transfer out-of-state points or impose points in MD for out-of-state convictions. However, any traffic conviction from Illinois will appear on your MD driving record, and should Illinois impose any suspension of your driving privilege, then MD would impose the same suspension. It may be possible for a...
Q: pulled over in MD for a headlight modulator on my motorcycle referencing TA-22-227c. fed law says is legal. Which one?
Mark Oakley's answer
Federal vehicle and traffic laws apply on federal roadways; Maryland vehicle and traffic laws apply on state roadways.
Federal vehicle and traffic laws apply on federal roadways; Maryland vehicle and traffic laws apply on state roadways.
Q: Pulled over by a cop and I wasnt aware my license expired less than a month ago. TA 16-101(a1) charge. Will i go to jail
Mark Oakley's answer
Most prosecutors will drop the charge entirely if you appear with your valid drivers license. You should not have been charged with driving without a license, but rather with driving on an expired license, which does not carry jail—only a fine (and no points). If you can afford a lawyer that would be better, to ensure the proper result, but you should not worry about jail.
Most prosecutors will drop the charge entirely if you appear with your valid drivers license. You should not have been charged with driving without a license, but rather with driving on an expired license, which does not carry jail—only a fine (and no points). If you can afford a lawyer that would be better, to ensure the proper result, but you should not worry about jail.
Q: had speeding ticket of me going 25 over the speeding limit which is 2 points I got it reduced to 1.
Mark Oakley's answer
Maybe, maybe not. Depends on the county and the judge. Also depends on your driving record and past history. The longer you've been licensed, and the cleaner your record, the better chance you have. In MD you can appeal the District Court result to Circuit Court and at the initial status hearing there will be a prosecutor, whom you or your lawyer can negotiate with (more likely with a lawyer) to get a "probation before judgment" on a guilty plea, which will result in no conviction and no...
Maybe, maybe not. Depends on the county and the judge. Also depends on your driving record and past history. The longer you've been licensed, and the cleaner your record, the better chance you have. In MD you can appeal the District Court result to Circuit Court and at the initial status hearing there will be a prosecutor, whom you or your lawyer can negotiate with (more likely with a lawyer) to get a "probation before judgment" on a guilty plea, which will result in no conviction and no...
Q: Do points on a driver's license go by violation date or conviction date.
Mark Oakley's answer
The points are assessed from the date of violation, not the date you pay or are found guilty in court. So, on your current record, you will have no current points. Points that have been assessed in the past will have an asterisk next to them, indicating that they are not counted in your current point total. However, if you had other points on your driving record within two years of the date of this violation, then the new points can be added to those (even though they are also expired and...
The points are assessed from the date of violation, not the date you pay or are found guilty in court. So, on your current record, you will have no current points. Points that have been assessed in the past will have an asterisk next to them, indicating that they are not counted in your current point total. However, if you had other points on your driving record within two years of the date of this violation, then the new points can be added to those (even though they are also expired and...
Q: What could I say to the judge to minimize a speeding ticket (86 in 55) and/or possibly get probation?
Mark Oakley's answer
It’s best to request a trial, and not a waiver hearing. Bring your MVA driving record. You can get it online or go to any MVA Office. The speed over is a 5 point offense. Yushoukd request a PBJ (no points, no conviction) and offer to complete the Driver Improvement Program, or do that in advance of court. Approved DIP providers are on the MVA site.
It’s best to request a trial, and not a waiver hearing. Bring your MVA driving record. You can get it online or go to any MVA Office. The speed over is a 5 point offense. Yushoukd request a PBJ (no points, no conviction) and offer to complete the Driver Improvement Program, or do that in advance of court. Approved DIP providers are on the MVA site.
Q: What is the statute of limitation on Parking Violations in the state of Maryland? I received a letter from a collection
Mark Oakley's answer
The statute of limitations has to do with the time between the date of the violation and the date the citation is issued. Once the citation is issued, the statute is satisfied. For traffic and parking violations the limitations on issuing a citation is one year from the date of violation. In your case, the citation appears to have been timely issued for the violation 12 years ago. Once you failed to pay it, a fine was imposed and has been outstanding ever since. If it was a parking ticket,...
The statute of limitations has to do with the time between the date of the violation and the date the citation is issued. Once the citation is issued, the statute is satisfied. For traffic and parking violations the limitations on issuing a citation is one year from the date of violation. In your case, the citation appears to have been timely issued for the violation 12 years ago. Once you failed to pay it, a fine was imposed and has been outstanding ever since. If it was a parking ticket,...
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