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Maryland Traffic Tickets Questions & Answers
1 Answer | Asked in Traffic Tickets for Maryland on
Q: I have warrant out for my arrest for traffic citations will they arrest me if I walk in the courthouse

I have to file for a motion of recall

Mark Oakley
Mark Oakley answered on Feb 18, 2020

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 »

1 Answer | Asked in Traffic Tickets for Maryland on
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?

Mark Oakley
Mark Oakley answered on Jan 27, 2020

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 »

1 Answer | Asked in Traffic Tickets for Maryland on
Q: Do camera issued traffic citations go on your driving record or get reported to your auto insurance?
Mark Oakley
Mark Oakley answered on Jan 21, 2020

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 »

1 Answer | Asked in Traffic Tickets for Maryland on
Q: My 18 year old was driving without a license, at that time he did not even have his permit.

He has to go to court this week...does he need a lawyer?

Mark Oakley
Mark Oakley answered on Jan 13, 2020

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 »

1 Answer | Asked in Criminal Law, Federal Crimes and Traffic Tickets for Maryland on
Q: Can speed cameras be used to charge someone with reckless driving in Maryland?

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 »

Mark Oakley
Mark Oakley answered on Dec 20, 2019

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 »

1 Answer | Asked in Traffic Tickets for Maryland on
Q: In Maryland: If a traffic light turns from yellow to red after entering an intersection, is that a violation?
Mark Oakley
Mark Oakley answered on Nov 17, 2019

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.

1 Answer | Asked in Traffic Tickets for Maryland on
Q: Got ticket for, TA-16-303(f) in Maryland. My ticket says MUST APPEAR but the officer didn't put a date for court?

If I need to appear in court, why didn't the officer put a court date?

Mark Oakley
Mark Oakley answered on Nov 17, 2019

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 »

1 Answer | Asked in Traffic Tickets for Maryland on
Q: What are my chances of jail? How does the community service work?

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 »

Mark Oakley
Mark Oakley answered on Nov 15, 2019

You need to repost this with Virginia selected as the geographic region as you need the advice of a Virginia lawyer.

1 Answer | Asked in Traffic Tickets for Maryland on
Q: TA-21-201(a1). Will there be any points to this citation? A driver of mine went into a street that trucks aren't allowed

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?

Mark Oakley
Mark Oakley answered on Oct 29, 2019

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).

1 Answer | Asked in Traffic Tickets, DUI / DWI, Employment Law and Car Accidents for Maryland on
Q: What about the driver is drunk and also do a hit and run

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

Peter N. Munsing
Peter N. Munsing answered on Oct 22, 2019

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.

1 Answer | Asked in Traffic Tickets for Maryland on
Q: Can a MD Police Officer issue a ticket after the fact? can a officer issue a traffic ticket 2 months after the “offense”

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 »

Mark Oakley
Mark Oakley answered on Oct 8, 2019

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 »

1 Answer | Asked in Traffic Tickets for Maryland on
Q: Is it legal to ride in the back of a pickup truck in Maryland?
Mark Oakley
Mark Oakley answered on Sep 11, 2019

No. It is not. At least, not on any roads commonly used by the public.

1 Answer | Asked in Collections and Traffic Tickets for Maryland on
Q: I am being approached by a collection agency that appears to buy old moving violation tickets in DC and Maryland

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 »

Mark Oakley
Mark Oakley answered on Aug 23, 2019

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 »

1 Answer | Asked in Traffic Tickets for Maryland on
Q: If i received a court summons for charge ta16101a but i was not driving on an highway what could happen
Mark Oakley
Mark Oakley answered on Aug 14, 2019

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 »

1 Answer | Asked in Traffic Tickets and Small Claims for Maryland on
Q: What is the point penalty for first offense Maryland - TA.21.1124.2.D2?

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 »

Mark Oakley
Mark Oakley answered on Aug 8, 2019

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 »

1 Answer | Asked in Criminal Law and Traffic Tickets for Maryland on
Q: If a person's license has been suspended due to an unpaid fine and the person is pulled over can they be arrested?

Essentially my question is, is driving with a suspended an arrestable offense if the drivers license is suspended due to an unpaid fine?

Mark Oakley
Mark Oakley answered on Aug 5, 2019

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 »

1 Answer | Asked in Appeals / Appellate Law and Traffic Tickets for Maryland on
Q: Can the Maryland Circuit Court award monetary refund of expenses and District Court fines in a successful appeal of ..

.. 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.

Mark Oakley
Mark Oakley answered on Aug 5, 2019

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.

2 Answers | Asked in Traffic Tickets for Maryland on
Q: Got a slew of tickets in 2005 ,no DUI's all moving violations..The fines totaled $1000.00...Can these be removed?

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?

Lee Eidelberg
Lee Eidelberg answered on Jul 31, 2019

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 »

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1 Answer | Asked in Traffic Tickets for Maryland on
Q: Will this excessive length ticket in a CMV go on my MVR as a moving violation?
Mark Oakley
Mark Oakley answered on Jul 10, 2019

“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 »

1 Answer | Asked in Traffic Tickets for Maryland on
Q: I got pulled over in Columbia, MD for driving on a out of state suspended license.

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 »

Mark Oakley
Mark Oakley answered on Jul 4, 2019

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 »

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