Wednesday, March 16, 2011

Maryland Traffic Ticket Trial vs. Waiver Hearing, What should I do?

Q:  What should I doing in the state of Maryland if I receive a traffic ticket that only carries the potential for a fine and not jail time?

A: As a Baltimore based criminal defense, DUI, DWI, traffic ticket attorney that has handled thousands of these types of cases, my first response is to tell every client to request a "trial."  The reason for telling every client to request a trial is because you have to remember that the State of Maryland has the burden of proving you guilty beyond a reasonable doubt.   That standard applies in every case from murder to a speeding ticket.  If you were charged with armed robbery you wouldn’t mail an admission of guilt and sign that you were guilty.   You instead would request trial and make the state either prove the case or enter into a plea negotiation with the state that gives you some sort of benefit for pleading guilty.  The same theory applies in traffic tickets, so if you receive a traffic ticket that only requires payment and doesn't require you to appear in court, you should always request the trial date.
Maryland Traffic Ticket Attorney
Call 410.288.2900 for Help

Available 24/7. Call 410.288.2900 for Immediate Help with your Maryland Traffic Ticket Options.

A:  Yes, you should always have an attorney.  The fee you pay an attorney is worth the avoidance of MVA points on your license.  Call my office to schedule a free consultation to discuss your traffic ticket.  We can conduct the meeting in one of my offices or over the phone, so you don’t miss any work or take away your personal time by traveling. We can be reached at 410.288.2900 and ask for Attorney Randolph Rice.  An attorney can provide valuable legal advice on how best to either beat or reduce the effects of a traffic ticket in Maryland.

Available 24/7. Call 410.288.2900 for Immediate Help with your Maryland Traffic Ticket Options.

Q:  How do I request a trial date or should I request a waiver hearing in the state of Maryland for a traffic ticket?

A:  Choosing a trial forces the state to prove you guilty beyond a reasonable doubt by requesting. A waiver hearing is a hearing where you are admitting that you committed the offense and you still asking the Court for leniency.  During a waiver hearing, you don't add the uncertainty of the police officer being sick that day, being out of the country, retiring, not being available show up to court because he is working, or even the officer doesn't really “feel like coming to court” that day and therefore the state cannot prove the case.

Available 24/7. Call 410.288.2900 for Immediate Help with your Maryland Traffic Ticket Options.

Q: What is the purpose of a waiver hearing?

A:   I along with many Judges and Lawyers have debated this type of proceeding and there seems to be no point in requesting a hearing.  You still have to appear in Court, why not go to Court and ask that the officer be present when you are there through a request for a trial.  If you request a trial then the officer would have to be present.  If the officer is not present then the State would have no evidence and you could be found not guilty.  So, request a "trial" within 30 days after you receive the ticket and appear in Court.

Q: Can I lawyer appear on my behalf and I don't have to go to Court?

A: For a traffic ticket, payable only, a lawyer can appear on your behalf and you would not have to go to Court.  Thus, if you can't miss work or will be out of town on the trial date, you can hire a lawyer and the lawyer can go to Court for you, waiving your presence.  If you would like an attorney to appear on your behalf, contact the Law Offices of G. Randolph Rice, Jr., LLC, at 410-288-2900.

Baltimore Based Waiver Traffic Citation Attorney