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Maryland Traffic Tickets Questions & Answers
1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Gov & Administrative Law for Maryland on
Q: under transportation article 26- 302

under M.D., transportation article 26- 302 if my tags are not on my car but park in front of my house can the officer toe my vehicle?

James L. Arrasmith
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answered on Jun 3, 2024

Under Maryland's transportation article 26-302, if your car is parked in front of your house without tags, an officer can tow it. The law allows for towing of vehicles that are not properly registered or do not display valid license plates, even if they are parked on a public street.... View More

1 Answer | Asked in Traffic Tickets, Civil Rights, Gov & Administrative Law and Municipal Law for Maryland on
Q: Mva said I can't renew my license without REAL ID. To me MD 16-122 says something different. Can you please clarify?

I have spoken with different people at MVA and no one can can give me a straight answer. I have told them repeatedly that 16-122 (ii) that states I am eligible for a Federally Non-Compliant drivers license. A contact told me RUDELY to look at case law Motor Vehicle Administration v. Geppert. That... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information you've provided, it seems there is some confusion and inconsistency in how the Maryland Vehicle Administration (MVA) is interpreting and applying the Real ID Act and relevant Maryland statutes. Let me try to clarify a few key points:

1. The federal REAL ID Act...
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1 Answer | Asked in Traffic Tickets and Car Accidents for Maryland on
Q: I had citation # TA-21-707(a). I couldn't stop at a red light because it was raining and the asphalt was wet, and as a

My car is SEMI TRUCK. commercial vehicle. Driver licenses located VA. Accident location MD HARFORD COUNTY

Scott Scherr
Scott Scherr
answered on Mar 10, 2024

You should request a trial and not a waiver hearing and go to court. If the police officer does not appear, you will be acquitted. If the police officer appears, you can have a trial. If you are convicted, the judge can offer probation before judgment which avoids the points. Note that a PBJ counts... View More

1 Answer | Asked in DUI / DWI and Traffic Tickets for Maryland on
Q: I am over seas for the DOD and my Drivers license has expired. I have a mark on my license due to DUI. What can I do?

My Drivers license is from Maryland. The DMV said I need an Ignition Interlock Device for 1 year in the US to have it taken off my license. I haven’t lived in the US for about 5 years, due to my work.

Is there anything I can do to get it removed so I can get my license again. It’s been... View More

Scott Scherr
Scott Scherr
answered on Feb 28, 2024

You would need to discuss with your lawyer the reason the ignition interlock is required. If it was ordered by a judge or you blew .08 or above or refused a breathalyzer test, then you must do the interlock. There are no exceptions.

If the Medical Advisory Board has ordered the interlock...
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1 Answer | Asked in Traffic Tickets for Maryland on
Q: can I get my speeding ticket thrown out if the officer wrote the ticket to my old license.

My provisional license has a different identifier number to my drivers license. So in theory can the ticket get thrown out if the officer recorded my license number incorrectly.

Scott Scherr
Scott Scherr
answered on Feb 21, 2024

No, this is not a defense to the charge. However, I would still recommend that you request a trial and not a waiver hearing. Sometimes the police officer does not appear. Even if the police officer does appear and you are convicted, the judge can offer probation before judgment which avoids the... View More

2 Answers | Asked in Traffic Tickets for Maryland on
Q: Can another state site me for an vehicle equipment violation that is not a violation in the state I live in?

Example - driving a car from Florida, where it has legal but dark tint, through a state like PA, where no addition tint is aloud.

Would it make a difference if your driving on an interstate highway? vs. local roads?

PA laws are typically written. No vehicle shall operate... or no... View More

Mark Oakley
Mark Oakley
answered on Feb 7, 2024

Unless Pennsylvania has adopted a policy not to issue citations to out-of-state registered vehicles with legal equipment that would be illegal in PA, then you may have to fight it all the way to the US Supeme Court, and test the application of the law to you under the Equal Protection Clause, the... View More

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2 Answers | Asked in Traffic Tickets for Maryland on
Q: I parked my car in a legal area, I woke up in the morning to a citation left at 4:00 AM on my windshield for $100

Violation as listed: “Not displaying attached front and/ or rear tag”. Although the officer listed in the notes: “Front plate not attached on public roadway. photo taken”. I keep my front tag in my windshield but last night When it was cleaning before entering the house, i placed it in my... View More

Mark Oakley
Mark Oakley
answered on Nov 29, 2023

I agree with Mr. Scherr. Either pay the ticket as written, or request a trial (not a waiver hearing; that's the same as pleading guilty, athough you can still request a reduction of the fine). Paying the fine results in a conviction of the offense, which will appear on your driving record.... View More

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2 Answers | Asked in Traffic Tickets for Maryland on
Q: I parked my car in a legal area, I woke up in the morning to a citation left at 4:00 AM on my windshield for $100

Violation as listed: “Not displaying attached front and/ or rear tag”. Although the officer listed in the notes: “Front plate not attached on public roadway. photo taken”. I keep my front tag in my windshield but last night When it was cleaning before entering the house, i placed it in my... View More

Scott Scherr
Scott Scherr
answered on Nov 29, 2023

Maryland law requires that you affix tags to the front and back of your vehicle. You can request a timely request for a trial and request that the officer that issued the ticket be present. If they fail to appear, you should win. If you are convicted, the judge may cut you a break.

You...
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1 Answer | Asked in Criminal Law, Traffic Tickets and Constitutional Law for Maryland on
Q: How close can I approach an officer engaged in a traffic stop with another person?

Of course only legally speaking. If I was just an observer of a traffic stop in progress involving someone else, how close can I get the the car stopped or the officer doing the stop? Can I position myself behind the officer? Can I interact with the driver or passengers, specifically to give... View More

Scott Scherr
Scott Scherr
answered on Nov 12, 2023

You cannot position yourself right behind the officer or the officer may feel you pose a danger. You cannot interfere with the stop or arrest. You can film it since you are in a public place. You should not be interacting with the driver or passengers. You must obey a lawful command of the police... View More

1 Answer | Asked in Traffic Tickets for Maryland on
Q: If the school bus in front of me was moving and the bus across the street had flashing lights was I at fault?

I'm in the far right lane preparing to turn right and a school bus was going straight in the second lane. When the bus proceeded through the intersection I made a right turn from the far right lane. Am I at fault when the school bus on the opposite side of the road had flashing red lights? And... View More

Scott Scherr
Scott Scherr
answered on Oct 22, 2023

You must stop for a school bus even if it is going in the opposite direction unless there is a concrete median. It makes no difference that the bus in front of you did not stop. If a police officer gave you the ticket, request a trial within 30 days and go to court. It carries a large fine and... View More

2 Answers | Asked in Criminal Law and Traffic Tickets for Maryland on
Q: Hi. I violated my probation for driving on suspended, although I haven't been to court on the driving one yet..but I was

Incarcerated when MVA suspended my license, and they suspended it for failure to take driving improvement program, which was during COVID. Can I get out of this one? I mean clearly I got released from prison and started driving, but I honestly didn't know it was suspended

Mark Oakley
Mark Oakley
answered on Oct 16, 2023

You can take the DIP online, and download the certifiate of completion. Hire a lawyer and provide the lawyer with the certificate, plus download your complete driving record from the MVA website and give that to your lawyer as well. There is an excellent chance this can get resolved without... View More

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2 Answers | Asked in Criminal Law and Traffic Tickets for Maryland on
Q: Hi. I violated my probation for driving on suspended, although I haven't been to court on the driving one yet..but I was

Incarcerated when MVA suspended my license, and they suspended it for failure to take driving improvement program, which was during COVID. Can I get out of this one? I mean clearly I got released from prison and started driving, but I honestly didn't know it was suspended

Scott Scherr
Scott Scherr
answered on Oct 15, 2023

Do the driver improvement program now and get your license reinstated. You should retain counsel to represent you since the offense carries possible jail time and the VOP also could lead to jail time. If you get your license reinstated, there is a good chance an attorney can keep you out of jail.

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1 Answer | Asked in Traffic Tickets for Maryland on
Q: Hello there I was pulling over by an officer for not having my license plate attached to the front of my vehicle

They towed my car, gave me a citation, but on the citation, it states that failure to attach vehicle registration plates at front and rear which is a lie because my back plate was attached. What should I do?

Scott Scherr
Scott Scherr
answered on Sep 29, 2023

This was a proper charge. The law states that your license plate must be attached to the front and back (both). Since it was not attached to the front of the vehicle, it violated the statute.

You have the option of going to court by requesting a trial. The police officer may not show up or...
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2 Answers | Asked in Traffic Tickets for Maryland on
Q: after being found not guilty for speeding. can a judge say "slow down" after, as if I'm guilty of speeding.

the officer was no show. I was asked to enter a plead. of course I said not guilty. immediately after being found not guilty, the judge made a comment on the record and advised me to slow down. I thought judges are supposed to be unbiased, partial, etc..I am serious thinking to file a complaint... View More

Mark Oakley
Mark Oakley
answered on Aug 30, 2023

So, you’re saying you were truly innocent, the officer’s laser/radar/Lidar device or speedometer on his cruiser was not working properly, and had he showed up you would have won? In that case, you can be upset. But if you were clocked on laser equipment the device number for the equipment used... View More

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2 Answers | Asked in Traffic Tickets for Maryland on
Q: I renewed my registration but forgot to put the sticker on my license plate, and got a ticket. Can I get it removed?

My license plate expired 7/31. I renewed well before and had the updated registration card with the new sticker in the glove box, but forgot to put it on the license plate. On 8/23, I parked in free street parking and came back to my car having a ticket for “expired tags”. Is there any grace... View More

Mark Oakley
Mark Oakley
answered on Aug 30, 2023

Forgetting to put the sticker on your plate is not a defense to the charge, which is displaying expired tags. Emphasis on “displaying”. The ticket carries no points and is not a moving violation, so it will have zero impact on your insurance rates. In other words, paying the fine has no... View More

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2 Answers | Asked in Traffic Tickets for Maryland on
Q: I renewed my registration but forgot to put the sticker on my license plate, and got a ticket. Can I get it removed?

My license plate expired 7/31. I renewed well before and had the updated registration card with the new sticker in the glove box, but forgot to put it on the license plate. On 8/23, I parked in free street parking and came back to my car having a ticket for “expired tags”. Is there any grace... View More

Scott Scherr
Scott Scherr
answered on Aug 24, 2023

You can request a trial within the required time limit and go to court. You should also demand the presence of the parking attendant. If they fail to appear, the ticket should be dismissed. If they appear, show the judge proof that you renewed your tags before they expired and the judge may give... View More

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1 Answer | Asked in Traffic Tickets for Maryland on
Q: do Title21,Subtitle8 are IN effect doing non school days, i received a speeding citation going 12miles over the speed

the speed is 25 m i was traveling 37m at about 6:00 pm schools are out for the summer

Scott Scherr
Scott Scherr
answered on Aug 8, 2023

I assume that this is a camera citation. If so, it is a $40.00 fine and no points are assessed so it may not be worth fighting it.

Under Maryland law, camera tickets can be issued Monday through Friday between the hours of 6:00 a.m. and 8:00 p.m....
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3 Answers | Asked in Traffic Tickets and Criminal Law for Maryland on
Q: My 20 year old daughter tried to get in a club in MD with a fake ID that had her real name & picture, with a different

Birthdate. We live in Pa. She’s a top student & has never been in trouble.Can she plead guilty & ask for the diversion program? What is the best avenue to try to get a misdemeanor off her record? Thank you.

Lee Eidelberg
Lee Eidelberg
answered on Jun 27, 2023

I wholeheartedly agree with my colleagues' previous responses. Having handled countless cases involving young adults using internet generated fake I.D.'s, it is not uncommon, provided a Defendant has no prior convictions or similar offenses in their history, to avoid formal prosecution.... View More

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2 Answers | Asked in Land Use & Zoning, Real Estate Law, Traffic Tickets and Municipal Law for Maryland on
Q: I live in a private neighborhood and an individual who is not a resident stores his vehicles infront of my property 24/7

Minimum of 1 car but up to 3. They are left there from 1 week up to 4 months. The roads are owned by the county not the HOA. So far all I can do is have them tagged as abandoned at which time the owner is notified and moves the car for 1 day and then returns it. I have to believe this is illegal... View More

Richard Sternberg
Richard Sternberg
answered on May 29, 2023

You might need to hit the books better or retain someone who can. I recall reading something that limited parking on public roads to a time limit unless the road was adjacent to your home, but it might have been Montgomery County Code. The County and incorporated city codes are often unindexed and... View More

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2 Answers | Asked in Land Use & Zoning, Real Estate Law, Traffic Tickets and Municipal Law for Maryland on
Q: I live in a private neighborhood and an individual who is not a resident stores his vehicles infront of my property 24/7

Minimum of 1 car but up to 3. They are left there from 1 week up to 4 months. The roads are owned by the county not the HOA. So far all I can do is have them tagged as abandoned at which time the owner is notified and moves the car for 1 day and then returns it. I have to believe this is illegal... View More

Mark Oakley
Mark Oakley
answered on May 29, 2023

Unfortunately, I didn’t see anything in the Harford County Code that would help you. It’s a public street. You do not own the right to restrict use of the roadway in front of your home. As mentioned, you might organize an HOA or civic association for your neighborhood and lobby to have... View More

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