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.
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| 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.
Q: Should I have an attorney present for the traffic ticket trial date?
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
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
Ah, but do I have to plead not guilty if I request a trial and the officer shows up? Will the judge feel I'm wasting his time if I show up for a trial and then plead "guilty with an explanation" when I could have done this in a hearing?
ReplyDeleteYou do not have to plead guilty. You can always try the case, but if you're not trained with an argument that can win, you can anger the Court and the Judge may not give you a break. You have the right to request a trial and a Judge that holds that against you is not doing his/her job.
ReplyDeleteIf the traffic violation is nothing more than my word against the state trooper how can the state prove guilt then in a trial? The trooper said I made a right turn from a straight lane but his proof at the time he gave me the ticket was "he saw two cars round the corner" he was not behind me.
ReplyDeleteThe Court will consider all of the evidence and give it the appropriate weight in determining the admissibility. Most of the time the Court will consider the testimony of a police officer a credible unless there is some other evidence that can be used to impeach the police officer. You should hire an attorney if you believe that you have a legal argument, you will have a hard time convincing a Court without one.
ReplyDeleteIs there a downside to requesting a trial if you were given a speeding ticket? The speed was captured on radar, according to the officer. But I wasn't sure if I requested a trial if I have to plead not guilty, or if I can plead guilty with an explanation and still have the chance the officer doesn't show up. It was a situation where I was in an unfamiliar area and thought the speed limit was one speed, when it was another, but I hadn't seen a sign.
ReplyDeleteI always tell clients to send in the notice requesting a trial. You will still be able to plead guilty with an explanation if the officer shows up and you believe that the State can prove the charges against you. I don't believe that a Judge in Maryland would hold that Constitutional right against you. Call my office at 410.288.2900 to have a traffic lawyer present at your trial.
ReplyDeleteHi, If at the end of the trial I am found guilty then can the court charge extra fine or more points then what you would have paid if you would have pleaded guilty to begin with?
ReplyDeleteIf you plead guilty, you can still ask for leniency from the Court. You have the same options as if you would have requested a waiver hearing, you are only requesting the police officer appear in Court. You are probably going to pay the same fines and costs if you would have requested a waiver hearing, which is an admission of guilt, and you still have the option of requesting a probation before judgment (PBJ).
ReplyDeletei got a ticket for driving vehicle off roadway while passing a vehicle, someone pulled out right in front of me so insted of smashing into them i went around, the cop said he saw the man pull infront of me but i was going to fast anyways (but i wasnt even close to the speed limit) im not sure if i should request a trial or request a waiver hearing or just pay the $110 ticket? and i always have that chance of the officer not showing up, & ive never had any tickets before.
ReplyDeleteAgain, request a trial. I was in Court today in Howard County, the officer did not show up and I was able to plead not guilty for my client. The case was dismissed. If my client had paid the ticket, he would have received the points and not been able to receive the benefits of the officer not showing to Court.
ReplyDeleteHi, I was pulled over going to the beach for Memorial Day weekend coming into Cambridge and the speed limit at the time was 55mph and the officer was parked right behind the 35mph limit in the city limits and i had no time to slow down. I was very cooperative with the officer but he felt the need to pull me and all my passengers out of the car and request a K-9 unit to search my truck. They found nothing and after wasting my time for an hour he still gave me a speeding ticket for 56mph in a 35mph zone. I turn 25 in a month and do not want this ticket to hurt my insurance what would you recommend?
ReplyDeleteA traffic ticket on Memorial Day, go figure. I was also traveling this Memorial Day weekend to and from the beach and saw an unusual number of law enforcement officers out and about handing out tickets and making money for the State and their respective County. I would send in the request for a trial and when you go to Court hope that the Officer doesn't show. If he does show you can have a trial or plead guilty with an explanation and ask mercy from the Judge. Take a lawyer, preferably someone from my office 410-288-2900, and let my office make the best possiblemargument for why you should receive a PBJ (probation before judgement). You have 30 days to request a trial date, so don't delay.
ReplyDeleteDo you have the right to ask if the officer is present before you enter the court room? Do you have the right to speak with the officer prior to approaching the judge to come up with a plea bargain? Can you ask the officer for probation before judgement even before entering the court room? Can you challenge a state trooper in MD that has radar? Does passing between lanes to avoid high beams from the car behind you count on any merit? What if you had a safe speed and following distance from the car in front of you? Do state troopers in MD generally appear?
ReplyDeleteThere is no right to ask for information from the officer per se. You can call for the officer prior to the start of Court. You can speak with the officer, but in a payable traffic hearing case, the police officer does not have the option to make any suggestion to the Court, nor is it practice for a police officer to act as the prosecutor. Most traffic cases in Maryland, a State's Attorney is not present. The Judge will hear the evidence from the officer if you plead not guilty and make a decision based on the evidence from the officer and any testimony or evidence the defendant presents. You can almost never beat a radar or laser gun that the police. There are arguments that can be made by an attorney to challenge the accuracy of the devices. Contact my office at 410-288-2900 if you would like an attorney to be present for your hearing.
ReplyDeleteI received a failure to control vehicle speed ticket after an accident inwhich a car in the right lane attempted to make a u-turn in front of me through my lane. I swerved into the opposing lanes to the left but still collided with the u-turning vehicle. I think I'm at 0% at fault but the cop thought otherwise. Is this sinkable for meld?
ReplyDeleteI received a ticket for failure to yield to right of way during a u-turn. I was in an unfamiliar area and was looking for the interstate. The police officer happend to be right behind the truck that was letting me back over into traffic. I was at the top of a road and saw oncoming cars coming I definelty had enough time to make the u-turn. When I did I turned into the median. Then I looked in my mirror and saw the car and it was letting me into traffic so as I was easing back into traffic I was pulled over by the police officer. Should I do a waiver hearing or a trial? Was my driving recorded on car camera by the officer?
ReplyDeleteI recently received a mickey-mouse ticket while in MD on business. The charge was "driving off roadway while passing vehicle" for moving into the right breakdown lane shortly before it turned into the right turn lane. Will the violation be reported to my home state (MA) if I plead guilty? Being from out-of-state and not likely to be able to make a trial date, what are my options? Can I request a trial date, then later plead guilty and pay the fine if I cannot make the scheduled date? Thank you
ReplyDeleteIt depends on which type of tickets from other states will be recognized in MA. You would need to speak with a MA traffic ticket attorney, as an example, in Maryland, if you received a DUI or DWI or other serious offense in another state, then MD MVA will recognize the offense count it towards your Maryland license.
ReplyDeleteThank you. I will check on this end (MA) My real question is the second one: Can I request a trial date, then later plead guilty and pay the fine if I cannot make the scheduled date?
ReplyDeleteOnce you request a trial for a payable traffic ticket then you must appear for the trial date or an attorney can appear on your behalf. If you do not appear then your license will be suspended until the ticket is paid. Also, you can pay the ticket at any time before the trial and you would not have to appear for trial, make payment in person at a Maryland District Court.
ReplyDeleteI just got a speeding ticket for doing 44mph in a 35mph zone, I am guilty of speeding only because I really had to use the restroom bad! I don't want the point to be on my licence, what should I do?
ReplyDeleteYou should send in the request for a trial within the 30 day time frame after the ticket was issued. Speeding to get home to use the restroom is not a legal argument but can be used in mitigation. Make sure you talk to an attorney before you go to Court.
ReplyDeletei got a ticket for speeding 80 on 55, would requesting a waiver mean that i would pay the fine and get the points as well?
ReplyDeleteIf you request a waiver hearing, you are telling the Court that you will be pleading guilty when you appear in Court. You can still ask for leniency, but you will not have the officer there to question or the possibility that the officer will not show. You are merely going to Court to present mitigation and request a PBJ (probation before Judgment) so that you don't get points. You will still have Court costs typically and then fine associated with the ticket. Call my office at 410-288-2900 if you would like to hire an attorney to represent you in your Maryland traffic ticket case.
ReplyDeleteI live in VA and received a speeding ticket in Maryland (3 hours away). I'm debating on whether I should hire a lawyer or try to defend myself. Also, would I be able to receive PBJ?
ReplyDeleteIf you don't want to return to Maryland, you can hire a traffic violation attorney, such as the Law Offices of G. Randolph Rice, Jr., LLC, and a lawyer can appear on your behalf. You do want to request a trial date within 30 days.
ReplyDeleteI was driving home from school. I was 48 in a 30 and the police officer dropped it down to 39 in a 30. However, my speedometer needle is broken. If I get it fixed before the waiver hearing and have a mechanic sign off on it, would that be enough evidence if I pleaded guilty with explanation?
ReplyDeleteI would be mitigation at the waiver hearing. A waiver hearing is not a trial. You have told the Court, by requesting the waiver hearing, that you are guilty, you just want to come in and explain why you did what you did; I had to go home to use the bathroom, I was not paying attention, the traffic was going the same speed. These are all good reasons, but they don't help for guilt or innocence. I would have it fixed and that is going to be something you show to the Judge, but it wouldn't not go towards guilt innocence.
ReplyDeleteI got my first speeding ticket going 80 in a 65, I was coming off an accident to my previous car and was in a rental. The cop was very nice and said that 99% they give PBJ for this situation. Should I select a waiver hearing or a request a trial anyway?
ReplyDeleteI would request a trial for any ticket in Maryland. There is always the chance that the officer does not appear and then you would be able to plead not guilty and have the case dismissed. If the officer does appear, then you would be able to plead guilty with an explanation. The reason you want an attorney to appear with you is if the officer shows, then you still need to make an argument for a reduction in the fine, request a Probation before Judgment(PBJ), and argue for a decrease in the penalty. Contact my office at 410-288-2900 to hire a traffic ticket attorney. If you cannot appear for the trial date, a lawyer can appear on your behalf and still argue the case.
ReplyDeleteI was on my way back to school from being home for the weekend. I was pulled over for going 80 in a 55. I do not think i was going that fast but was going a little over, trying to get to class on time. What do you suggest?
ReplyDelete99.9% of the time, the police officer that writes you the ticket has the correct speed. The technology today in the Radar and Laser devices is so exact and is checked on a regular basis that it is almost impossible to beat the argument that you were not going that fast. That is not to say it cannot be beat, radar is a broad beam that can sometimes bounce off another vehicle. However, police officers are pretty well trained to make sure they get the right vehicle. Laser is a little trickier. The laser is shot off the front license plate of some part of the vehicle that is a solid surface and the police actually look through a scope so they know which vehicle they are checking for speed. Most cases are not won on guilt or innocence, but are diminished in the argument to the Judge that you are a good person and all the wonderful things you have done and will do in your life and if you have an attorney with you, the Judge will know you are taking this serious. In addition, if you don't live in Maryland or you don't want to come back to Maryland for your traffic ticket trial date, then a lawyer can appear on your behalf and present the same arguments and mitigation that you would be able present at trial.
ReplyDeleteHello,
ReplyDeleteI received a speeding ticket for 64 in a 40mph. If i request a trial and the officer shows up and get a guilty verdict, can the judge impose higher fines like the waiver of trial option %500 max fine?
And if when i request a trail, if i cannot make that date, can i reschedule, or i must go to that date-no exceptions?
If you request a trial or waiver hearing it is always possible that the Judge would increase the fine. However, most Judges know that you are there to receive a break on your speed or receive a probation before Judgment (PBJ) which means you do not receive any points for the violation. If you cannot make the trial date you can ask for a postponement, it is up to the Judge and you have to show "good cause" why you cannot be there on that date. Each Judge is different, some will and some won't postpone the case. You can also hire an attorney if you are not able to make the trial date. That attorney can appear on your behalf and make the same arguments for you as well as make an argument for leniency. As I have said before, if you were charged with murder, you wouldn't plead guilty the day you are charged, you would want to have a day to ask for leniency or to argue your case before the Court, don't plead guilty for a traffic ticket without trying to get it reduced or mitigate the penalties.
ReplyDeleteI was on the way home from work in a busy 3 lane street during a peak hour. I did not realize or think to expect that a school bus, in the next lane, was stopping until too late. I did slowly break but then I realized that if I stopped fully I would be in front of the bus so I continued on. The police caught me and then said that this happened just yesterday with the same bus and that she "knew" this would happen again and started driving even before seeing me go past the bus. Well the fine is ridiculous high and it is my very first ticket after years of driving. I am uncertain if I should do waiver hearing or trial.
ReplyDeleteJust moved to Maryland with out of state license and received a speeding ticket on a Maryland registered vehicle. I have a clear driving record (no tickets in many years) and am concerned about points and insurance rates. Is a Waiver Hearing the best way to proceed to pay a fine but not receive points? How is an out of state license affected, especially one that will soon be changed to an MD license?
ReplyDeleteFor both of the previous questions: Always request a trial. Waiver hearing is just like a trial, except in a trial you are requiring the police officer to be present. So if the officer does not show then you can plead not guilty and in a sense put on a mini-trial. The Judge will find there is no evidence from the officer and if no other evidence then you can make a motion and be found not guilty. As for insurance and out of state licenses, you may receive the points in Maryland if you pay the fine. Even though you don't have a MD license, they will create an account (Soundex) number for you and then you will have those points for 2 years in Maryland. It may also affect your insurance rates even though you are insurance in another state. I would request a trial, if you cannot make it back to MD, then hire a lawyer and a lawyer can appear on your behalf, and go for a Probation Before Judgement PBJ). Baltimore County Traffic Citation Attorney Website: http://www.ricelawmd.com
ReplyDeleteI received a ticket for failure to control vehicle speed on highway to avoid collision - was a five car pile up and the initiating two cars fled the scene. There was no witness so state police gave all of us tickets. Obviously I hit the car in front of me (I was the final car). Due to the situation I am struggling on how to file the ticket. I am not sure if I get a waiver for reduced sentence or go to trial to fight it completely. Please advise.
ReplyDeleteEven if you request a trial, you can still go into Court and ask for a break from the Judge. Only a trial requires the officer appear for Court. If the officer does not show then the State may not be able to prove their case. Ask for a trial and hire an attorney
ReplyDeleteFor your post on 12/2/2011 at 1:57... is there anyway to not get points at either a trial or waiver trial if I pay the fine? I have the out of state license but will be getting a MD license... points are my biggest worry as I have a very clean driving record and low insurance rates.
ReplyDeleteCan you get a PBJ at a waiver trial, or only a regular trial?
ReplyDeleteAt both the waiver and trial you can ask the Judge to grant you a Probation Before Judgement (PBJ), which means you do no receive a conviction and you do not receive any points.
ReplyDeleteI was pulled over going 58 mph in a 30 mph zone. My reason was that I was late to work and since it is the holiday season (I work at the mall), traffic is horrible. Should I request a trial or a hearing?
ReplyDeleteRequest a trial and hire a traffic ticket defense attorney to explain to the Judge why you were driving so fast, i.e. you are one of Santa's little helpers and you had to get to the mall to pick up toys for all the good girls and boys. Merry Christmas
ReplyDeleteRecieved a ticket for driving veh with window view obstructed by sign material then officer searched car found open container passenger area on probation and trail shows as crininal WHY probation officer said don't worry about it it s traffic can they put me back in jail?????
ReplyDeleteYou can violate a probation for a number of reasons, a new charge can be one of them. Usually, if you receive a payable traffic ticket most Judges will not violate your probation unless they specifically stated you could not receive any tickets during your sentencing. If you had your car searched then you need to request a trial and hire a lawyer to challenge the search of your vehicle. The open container may be thrown our because of Constitutional issue. Call the office at 410-288-2900 and schedule a free consultation.
ReplyDeleteI received a ticket for speeding 80 mph in the state of Maryland, but I am from Pennsylvania, but previously lived in Maryland. When I lived there I got a ticket once and a trial date was sent to me. I did not receive one this time and as a result I requested a hearing trial two days late. I still have the option of requesting one after paying my fine, but should I even request one anymore since the form was sent late?
ReplyDeleteI would request a trial, but to do that, since you did not respond within 30 days after your ticket, you have to post a penalty deposit with the Court to receive a trial date. Post the amount request a trial date, call a Maryland traffic defense attorney, 410-288-2900, and have the attorney appear on your behalf. Your insurance rates will thank me since a conviction will most surely increase that premium.
ReplyDeleteGot ticket for doing 74 in a 40 zone. It was on route 29 (the limit had been 55 a couple miles back and suddenly dropped to 45 on that highway, then 40). The ticket says a $290 fine. And according to my googling, that warrants 5 points on my record since I was more than 30 over the limit. I don't care about the fine, I just dont want the points on my record because I cant afford having my insurance rates to go through the roof. I read online that I can try to request community service and have the points taken away. Is this possible/probable? This is my first speeding ticket (besides for an camera fine) and I am generally a safe driver. Should I request a trial or waiver hearing? I just need to get those points off my record.
ReplyDeleteNo Matter what you do, request a trial. As you have read in the previous posts, the trial will require the officer/trooper to be present. The Trooper or Officer may not show or if there is a trial issue you can have a trial and contest the issue or the case is dismissed or the Judge finds you not guilty for lack of evidence. The other tip is to hire a lawyer if you are worried about the points. A traffic lawyer will be able to advise you on the best course of action, sounds like the case is in Howard County. Call the office at 410-288-2900, we can conduct a phone interview and once you retain a lawyer you will be given a set of tacks to complete to increase your chances of a PBJ, no points and maybe a reduced fine.
ReplyDeleteHello, just need some quick advice; I'm a law student in DC and I've practiced as a student in Virginia a bit, but my experience with Maryland traffic courts is nil. Just got a ticket for failing to stop at a stop sign; kind of annoying because it's at a small T-intersection in my apartment complex.
ReplyDeleteTrying to weigh my options -- I know that Maryland's made it very easy to understand that "guilty with an explanation" provides a forum where a judge might reduce the fine, but there would still be points/$90 fine/a conviction. I'm tempted to request a trial date and see if I can just plead not guilty if the officer shows -- BUT if the officer does show, there's not really a case I can make; do Maryland traffic court judges also entertain requests to reduce fines if one pleads guilty at trial?
When you go to Court after requesting a trial and the officer is there and the State can prove the case, you can still plead guilty and the Judge should not hold that against you. They were all lawyers at one time and they know why you are there, to receive a reduction in the fine or no points. The Judge should not hold it against you and should give you a break in some manner as long as your record is fairly clean.
ReplyDeleteHi, I recently was pulled over in Maryland when a police officer ran my tags. I received a ticket for “Knowingly driving uninsured Vehicle.” In fact I am insured. I recently moved to Delaware (July 2011). I immediately got my own insurance policy when I moved to DE, since I was previously on my parents insurance. My mother is also on the titled but lives in Maryland, therefore I thought it was okay if the car still be titled and registered in Maryland. The MVA sent me a letter requesting proof of insurance, and I had my insurance company fax a FR19. Apparently because it is a DE policy, Maryland did not recognize me as having insurance at all, which resulted in suspending of my tags. After being pulled over, having my tags taken and speaking with the MVA I learned I had to have my car titled in DE if my insurance policy is in DE I immediately (the next day) went to the DMV and took care of this. The police officer told me not to pay any of the fines and told me to go to court with my proof of insurance and I also have a letter from the MVA explaining the misunderstanding. However, now I have a “Must Appear” for knowingly driving uninsured and I’m not sure if I should “request waiver hearing” or “request trail.”
ReplyDeleteDriving uninsured in Maryland is a "Must Appear" since it carried the possibility of jail time. Sounds like you should be fine but I would contact my office at 410-288-2900 to discuss you needing an attorney to represent you and make sure the State's Attorney does not take advantage of your case and you in Court. Even though you may think you are innocent, you still need to convince the State of that.
ReplyDeleteCorrect for the Knowingly driving uninsured that is a must appear. but there are two other violations on the citation that the police said they have to put for all cases like this and that is driving vehicle on highway with suspended registration, and owner failure to maintain required security for vehicle during reg. period. for those two citations i'm not sure if i should request waiver hearing or request a trail?
ReplyDeleteIf you are charged with a "Must Appear" and some payable tickets then you do not have to request a hearing because the payable tickets and the "must appear" will be looped and set on the same trial date. Since you still have a "must appear" then you should hire a lawyer. Any other questions call the office 410-288-2900. Thanks.
ReplyDeleteHi. I was wondering if you could help. I got pulled over for the second time. My first time I was still on my provisionals and I went to court and got a PBJ and did a driving improvement class. Im alittle concerned this time that the judge wont do the same. I was doing 75 in a 55 and I really dont want the points.I am guilty of going that fast because it was getting late and I was coming home from my night class. I had a test the next day to study for and had to be up for work @ 530 the next day.I was wondering if I should request a waiver hearing or trial?? thanks in advance
ReplyDeleteI would request a trial, there is no harm in asking for a trial, you may get lucky and the officer may not show up for Court and the Judge may not postpone the case and you can plead not guilty. If you are concerned about the points and you have something to lose with a guilty finding, I would hire an attorney. A lawyer can present the best case in your favor to the Judge and possible defenses to the speeding charge. You can contact me at the office at 410-288-2900 (Attorney Randolph Rice) and I can discuss the charges with you and how much it would cost to have an attorney present on your behalf. You can also review the information on our website at www.RiceLawMD.com.
ReplyDeleteHi, I just got a speeding for doing 59 in a 40 zone; the officer told me that I was driving really fast. I do not recall going over 50. The road is truly busy (355 – Frederick Rd). He asked for ID & registration card, what I promptly gave to him. He went to his car, as he returned, he gave the summon saying that I had 30 days to send it back to court. Then, he turned around to leave at this point, as I was confused by the whole situation, I asked -“Do I have to sign the paper?” He said no and left. So, when I arrived home, I read the summon and it says…49 in a 40 zone. Can you balance my options in this case??? Trial? Request waiver hearing? PBJ? Thanks,
ReplyDeletei just got ticket i was driving 64 on 35 zone the officer said he caught me on his gun and he said i'm going to give you ticket that says you were doing 54 on 35 so i'm not sure what to do but i don't want to pay 90 $ because i'm going to have a lot of points on my license i might need a lawyer i got my license 17 months ago i never drove this fast over the speed limit before i was an hurry so i wont be late to my job i might need a lawyer thanks
ReplyDeleteThe officer was nice and wrote the ticket for slower than you were traveling. You need to request a trial date within 30 days from the date of the traffic stop. You do this by following the instructions on the back of the ticket and make sure you check the box for "trial". Once you receive a trial date then contact my office at 410-288-2900, our office is located in Dundalk, Md, and we can go over the case and what your defense/mitigation will be for the case as well as the fee to represent you in the trial.
ReplyDeletehow much is the fee cost i like to know if you can guarantee to win the case??
ReplyDeleteThe fee depends on the County in which the ticket was issued. Unfortunately no lawyer can guarantee a win in a case. I can guarantee that you will have a better result if you did not have a lawyer. If a lawyer does promise an outcome then they are lying to you. Contact the office at 410-288-2900 and I can give you some idea of the costs.
ReplyDeleteWhen I went from highway 95 and into exit 100, I mistakently went straight went I was supposed to go right. That route led to the highway 95 again. I thought that the next exit was going to be a long drive and my baby was crying so I went to the shoulder of the road and started backing up. In the car I had a baby who was sitting in the car seat but was not fastened. The police came and gave me a ticket for backing motor veh. on shoulder of controlled access hwy. with a paying fine of $90 and another fine of $60 for failing to secure child under age 8 in child safety seat when transporting in motor vehicle. For the last 3 years, I haven't had any points and warnings. What should I do?
ReplyDeleteWhat are the citation statutes the officer charged you under. They should be something like 21-902 or 18-104. If the tickets do not carry any points then you could just pay the fine and not worry about any points. If the citations do carry points then you want to file for a trial request on the back of the tickets and mail them within 30 days of the ticket. If you are having trouble finding the statute numbers, contact my office at 410-288-2900 and I can walk you through the citations and give you the information as to points. For example, I think that the backing rule is 21-1102 and it does carry points, if that is the case then you want to request for a trial and go to Court to ask for a break from the Judge.
ReplyDeleteta-21-1102(b) and ta-22-412.2(d)
ReplyDelete21-1102 (b) Driver backing motor veh. on (shoulder, roadway) of controlled access hwy....... $90.00 fine and carries 01 point
ReplyDelete22 412.2 (d) Failing to secure child under age of 8 in child safety seat when transporting in motor vehicle ........ $60.00 fine and )) points.
I would request a trial date for the tickets, you can hire an attorney once you receive the Court notice for your trial date and then go to Court with an attorney to mitigate and request a break or actually try the case before the Judge.
I got ticketed however the officer was not able to print the ticket since the printer was not working. I was told I had to pick up the ticket at the police station within 30 days. I picked up the ticket on day 29, however the electronic ticket is not signed by the officer. It states on the ticket I have 30 days after receipt of ticket to request a trial or waiver hearing. Is the ticket considered received on the day I picked it up or the date of ticket? The ticket was not printed until a week after the ticket date.
ReplyDeleteThe citation is for:
1)TA 16-112(c) failure to display license
2)TA 21-801(b) failure to control vehicle speed to avoid collision
3)Ta 21-402(a) failure to yield right of way on left turn
I am thinking of requesting waiver on charge 1 and trial for charge 2 and 3. Is this a winnable case?
The date should be the day you receive the ticket, however, the Maryland systems that process these tickets is usually not to smart. I would bet that the date the MD traffic processing center starting counting was from the date of the ticket. So if the 30 days have passed for you to mail in the ticket, you have two options: 1) You can go to any district court, pay the tickets as collateral and request a trial date. They will then send you a date and if at the trial date you are fined for less than you paid for the total fines when you posted, you will get some money back. Option 2) You can write a letter to the Court explaining the situation and ask for a trial date that way. It may take longer and remember, 10 days after the 30 day period your Maryland Privilege to drive will be suspended, so that delay with option 2 may make it difficult to drive because as you wait for the Court o rule on your letter, you could be stopped and the officer could arrest you for driving on a suspended license. As for option 1, as soon as you pay those tickets and request a trial date, that suspension will be lifted pending the trial date and outcome. Call if you have any other questions, 410-288-2900 or email RiceLawMD@gmail.com.
ReplyDeleteHi i recently got a speeding citation. The officer was nice enough to drop my mileage from 61 to 49 in a 40 mph zone bc i have a good driving record. But when he asked for my license and registration I gave him my liscense but had to look for my registration. The officer said"once you find your registration wave it out the window" so thats exactly what i did when i found it.
ReplyDeleteHe comes back with the citation and says "i already printed the citation out and i cant change it, its already in the system once i print it."
citation:
1.speeding (payable fine $80.......)--im definitly guilty
2.Failure to display registration card upon demand by police officer (payable fine $50)
The officer said he made a note so if i do take it to court the judge will know i had my registration.He mentioned that i can pay it by mail or i can do a waiver hearing. He did not mention a trial which was the other option. He also said he will not be in court But I Think he was explaining that he wont be in court for the waiver hearing. Im not sure if he ment that for a trial. I think he said "You should waiver if u go to court."
*So does that mean when i go to court (waiver hearing) the judge will have a written document from the officer saying he made a mistake and that i had my registration?Or is the note on the citation on line 2?
*And how long does it take to get a court date? bc i have school in May for my job and its one week. I recieved the citation on april 6 last friday
When you request a waiver hearing the police officer will not appear in Court and they Judge will not have any paperwork from the officer and will not hear any information from the officer. So, whatever the officer told you at the scene will not hold up in Court since the officer will not be present for the hearing.
DeleteIf you get pulled over, you must request the hearing within 30 days from the date that you received the ticket. Once you send in the request for trial date, then you will receive a notice in about 4-6 weeks. The trial date will usually be about 4-8 weeks after you receive that notice in the mail.
The officer may have made a note and that is why you want him or her in Court to ask them that questions before the Judge. Thus request for a trial will require that officer to appear. Hire a lawyer and that will take much of the worry off of you and let the lawyer worry about dealing with the officer and the Court date.
I was pulled over for out of state registration expired for 5 days while in Maryland. My car was towed away while I was still sitting in my own car. Should I request a trial or weaver hearing since the police has proof that my registration was 5 days overdue?
ReplyDeleteAlways request a trial, even if the police have proof they may not have proof on the day of trial. Also, if they do have proof and they can prove the case, you can still plead guilty with an explanation and ask for leniency.
ReplyDeleteThank you so much for your help!! I will contact you if I need help and will refer family and friends to your law firm! :)
DeleteThank you for the recommendation to any of your friends. If you have read these threads and you would like to hire an attorney in Baltimore County, Harford County, Anne Arundel County, Howard County, or Baltimore City, contact our office at 410-288-2900. If you have been charged in any other county in Maryland, contact our office at 410-288-2900 and we can give you a name of a good lawyer in the County where you are charged to help you with your traffic tickets.
ReplyDeleteok, so I got a ticket for failing to stop at a stop sign in my neighborhood. I didnt really run through it, but let's say I acknowledged it. I didn't come to a complete stop, but I did one of those quick pauses. It was 9:30a on a saturday and there wasn't a soul around. The cop said I ran it and I got hit with $90. If I request a hearing, do I get cleared of any points?
ReplyDeleteAnother thing, the officer gave me 2 tickets with the related citation box checked. "Failing to stop at stop sign" and "Failure to obey traffic device." If I were to pay, would I have to pay $180?
You want to request a "trial" and that would require the police officer to appear. If the officer does not appear in Court then you can plead not guilty the Judge would find you not guilty. If you do pay the tickets then you would have to pay both of them and you would then receive the points. Request a trial date and appear in Court and you can still plead guilty if the officer appears and ask the Judge for a Probation before Judgment (PBJ), which means you do not receive any points.
ReplyDeleteThanks for all the useful information above. It seems pretty clear to me that in any case one should request a trial, so for my case i know what to do first..Request a trial.
ReplyDeleteI got ticketed for not stopping at a flashing red traffic light at around 3 in the morning in a neighborhood road near my house. There was no one else on the road (except the cop i guess). It gets better because i didnt have my license with me but the the cop just gave me a written warning for that. If i goto trial will the judge have record of the written warning for not having my license as well? Im concerned that the written warning may hurt my chances of leniency but I've had no tickets or warnings for 7 years.
Are there ever cases where a cop gives a written warning but a judge increases the penalty to include that written penalty?
I guess regardless i should request a trial and worst case, if the cop shows up i can plead guilty and ask for Peanut Butter and Jelly?
Thank you!
The Judge will not have the written warning ticket in front of him and he will not take that into consideration. The Judge is more likely than not going to look at your record in the past 3-5 years and he will also ask the officer if you were polite and cooperative, no problems with the stop. Ask for a trial date and when you go to Court request a probation before judgment. That means you will not receive any points, however, the Judge can fine you up to the maximum of the ticket, although not done regularly, and may add some court costs.
ReplyDeletei got a ticket i was driving 46 on 30 but the officer wrote the ticket that i was doing 39 on 30 so if i go to court and i win the case and i don't get the points on my license does my insurance company still find out about my ticket??? even if they find out is my insurance going up??
ReplyDeleteIf you are found not guilty then your insurance company should not hold that against you. If you receive a PBJ (Probation Before Judgment) and you do not receive any points then your insurance company should not be able to view that information. The PBJ section of your driving record is not visible to insurance companies. They could look on the Court website and see you received a ticket and the outcome, but that would take a lot of work on their part.
ReplyDeleteI got a.ticket in Howard County MD for speeding going 67 on a 45 .... i'm pregnant almost 35wks I was having some contractions pain tried to accomodate myself in better position to minimize the pain and wasnt really paying attention to the speed ... the cop himself said I had excellent record and I haven't ever been pulled over before which is about right... but he still gave me $160.00 fine with 2pnts on license .... Im afraid at time of trial I will be in laborbor with a newborn and not able to show... or not sure how to get rid of the pnts... advice? How much is the lawyer for this type of case?
ReplyDeleteAnonymous,
ReplyDeleteWhat's is the difference between " waiver hearing" and "requesting a trial", thnx
The waiver hearing you are pleading guilty before the court date, you are going to court to ask the Judge for a break. If you request a trial then you are requiring the state have the police officer and witnesses, if necessary, present in court and you can plead not guilty, guilty, or guilty with an explanation. Always request a trial, it would be pointless to request a waiver hearing.
ReplyDeleteI got a ticket in MD. The charge code is TA-21-202(i)(1),which is a failure to stop at red traffic signal before right turn. The ticket doesn't say anything about a point. But the police officer mentioned one point about that violation. I searched the point which might be assessed to me here. http://www.dsd.state.md.us/comar/comarhtml/11/11.17.13.02.htm
ReplyDeleteI couldn't find any one point for TA-21-202(i)(1).
So, I am not sure if this charge is one point.
If I got one point, how much cost does court charge for hearing or trial?
Thank you.
That is a 2 point infraction and 3 points if you were involved in an accident. The Court does not charge to request the hearing but when you go the Judge could give fines up to $90.00, plus court costs. Depending on the Judge you could get a higher fine and some Judges may give you a lower fine.
ReplyDeleteI received a ticket for going 54 in a 30, however, the speed limit for where I was speeding is 35. This is a $90 difference in fine. Should I request a waiver and explain this to the judge or would this situation require a trial? I haven't had a ticket in 17 years.
ReplyDeleteBy the way, thanks for answering these questions. It's a service you provide.
I would request a trial, you may get lucky and the officer may not appear, but if he did write the ticket improperly then you may have a legal argument that gets you out of the ticket. Consult a lawyer in the county where you received a ticket or visit my site at http://www.RiceLawMD.com to learn more. I suggest that everyone should request a trial, a waiver hearing is pointless and is an admission of guilt that requires you to appear. Why not require the officer to appear as well and maybe you get lucky. I have yet to see a Judge hold it against an accused for requesting a trial date and making the officer appear in Court.
ReplyDeleteFirst, thank you for all the responses that have shed much light on traffic violations. I plan to request a trial given my clean record and will hope for an absent officer. I was clocked at 72 in a 55 on Rt 50 and was the lucky driver in flowing/speeding traffic to get pulled over. Here's my question. I was driving on an expired tag/registration and was unaware of this fact. The renewal information was being sent to an old address and I simply didn't realize the tags were expired. I had been driving around on expired tags for 6 months! The officer asked for my license and registration and my passenger indicated that they could only find an expired registration in my glove box. I handed that copy over. He came back a few minutes later with a ticket for speeding and made no mention of the expired tags or registration. Is that cause for impeaching the officers credibility? I would assume when he "runs my tags" that his computer would indicate that they were expired. Moreover, he could have towed my vehicle or at least notified me that my tags were expired. I feel the officer failed to do his job and subsequently cannot be credible with regard to the ticket he wrote me for speeding. Does any of this hold true?
ReplyDeleteIf you plan on going to Court after requesting a trial and the officer is present in Court, you could plead guilty to the speeding ticket and not guilty to the registration charge. When the Judge asks for your testimony then present the evidence that your registration was not expired by the paperwork you have from the MVA. Most Judges would find you not guilty. If you would like an attorney to handle the case for you contact the Law Offices of G. Randolph Rice, Jr., LLC, at 410-288-2900.
ReplyDeleteThanks for the response. Perhaps I was unclear, I apologize. I was driving on an expired registration, but the officer failed to notify me of this fact even after running my car and ticketing me for speeding. Based on my understanding, he could have had my car towed and I could have been heavily ticketed. I was suggesting that perhaps this oversight could be cause to suggest the officer is derelict of his duties and therefore his account of the traffic violation may not hold merit or may warrant probable cause that I may be innocent.
ReplyDeleteI was pulled over in Howard County for a suspended license. Apparently when I moved I changed my license but not my registration and was flagged. The thing is he let me drive away, I paid the $50.00 the next day and my license was reinstated. Now I have a court date but was wondering if letting me drive away with a suspended license likely means that the officer will not show up or is this something he can use judgement on?
ReplyDeleteThanks
Good question. When an officer stops you and finds that you are driving on a suspended license then he has the option of issuing a citation and letting you go or arresting you on the spot and charging you. You have or will be issued a trial date for a "must appear" in the Howard County District Court. Unlike a payable traffic ticket (i.e. speeding) the officers are required to appear. Even in Howard County, officers appear for almost all traffic tickets, so the hope that that officer will not appear if pointless. They appear almost always. I would advise that you retain an attorney for the suspended license case because it does carry jail time if you are convicted, even though you took care of soon after the stop. At the same time, a lawyer will increase your chances of the State's Attorney giving you a break and offering a payable ticket on the trial date, having a lawyer shows the State that you are taking this serious and more likely to give you a break than if you just show up and try to defend yourself. You can contact my office at 410-288-2900 to schedule a free consultation and discuss the process in more detail. I would not let this linger, since the Court date may sneak up on you and the Judge may make you proceed without a lawyer. A lawyer will be able to fight for the least possible consequences on your driving record and potential points you could receive. Let me know if you have any other questions regarding a suspended license violation.
ReplyDeleteHello, I received two citations after a car accident, in which I rearended another vehicle at a traffic light. I was going less than 5 mph, the front bumper of my car endured 5k worth of damage, while there was a small dent at the bottom of the person's bumper. My four door vehicle hit a rav4. If I request a trial, will the police officer and the other party be summoned? If I request a waiver hearing, can I change my mind after I mail my form in? My insurance company has reached out to the other party and still has not received a call back. I look forward to hearing from you.
ReplyDeleteIf you request a "waiver hearing" when you mail in your request to the District Court, and you later decide that you want to have a trial with the officer and witnesses you can change your decision. When you appear for your waiver hearing, you would have to ask the Judge that he/she reschedule the hearing for a trial. The Judge should postpone the case and reschedule it for a new date, the officer and the witnesses will be sent summons to appear in Court.
ReplyDeleteThank you for following up with me and answering my questions!
ReplyDeleteHi, i just got a ticket in MD, i have never had a ticket in my life.
ReplyDeleteThe day i got the ticket a friend of mine was stranded and drunk and asked me for a ride, as a friend i said ok and picked him up.
He was crying and vomitting all over the car so i was driving fairly fast (45 in a 25)
The officer pulled me over got my ticket and suggested to me that i take the request waiver hearing.
What should i do?
You should request a trial date. You can appear in Court without a lawyer or you can hire a lawyer to go with you to Court or the lawyer can go to court for you. Call my office if you would like to hire an attorney.
ReplyDeleteHello, what is the best recourse if we weren't satisfied with the results of a waiver hearing and received points. At this time I'm seriously considering a lawyer, but will the case be retried? Does the lawyer file an appeal or a motion? I can't afford for my insurance rates to go up. 3 points is a lot. I'm just wondering if its too late to have the judge's decision reversed.
ReplyDeleteI was involved in an auto accident, I was at fault. I received 2 citations, the judge reduced it to 1, but it carries 3 points. I've never had points on my record, and I'm extremely disappointed that I thought I could represent myself successfully.
Additionally my pbj request was denied
ReplyDeleteYou have 30 days from the date of the waiver hearing to file an appeal. You have to pay a filing fee to the District Court and file the motion for an appeal. You then will be given a trial date in the Circuit court for the county in which appeared in District Court. Contact my office and we can file all of the necessary paperwork with the Court and represent you at your trial in the Circuit Court.
ReplyDeleteThank you, the court is Montgomery county. Do you know what the chances of eliminating the points will be? Also for an appeal are the witnesses and officer summoned? What's the difference between an appeal and a motion?
ReplyDeleteThe Judge would make the decision on granting a Probation Before Judgement (PBJ) and that would mean no points on your license. In an appeal, the officer and the witnesses are sent summons to appear in Court for the appeal.
ReplyDeleteThe Montgomery county court system is very strict. The judge denied my motion to reconsider. If I appeal it, I don't want to be fined more, or have those points that were eliminated added back to my DL. For a first time offender this seems entirely unfair. I have very little faith in the justice system these days.
ReplyDeleteThe appeal is like a brand new trial and the Judge in that Court will consider all factors.
ReplyDeleteMy son was pulled over for operating a vehicle on highway with unauthorized window tinting material $70 payable fine and unlawful use of vehicle registered as a historic motor vehicle $140 payable fine. (1990 gmc s 15 truck) I know that the tint was too dark and has since been removed. The officer told my son he sees him all the time driving the truck. It is summertime and he has been driving it more often. I am assuming I should request trial. (the truck is registered in my name) Do we need a lawyer?
ReplyDeleteYou should request a trial and mail the form to the Annapolis address within 30 days from the date the citation(s) were issued. Does your son need a lawyer? That all depends on how well he feels in presenting his case to the Judge or if he has a bad record. There was an old Jerry Seinfeld joke that goes like this. A study was done that showed the number one fear in life was public speaking and number two was death. That means at a funeral people would rather be in the coffin than giving the eulogy. Thus, if you don't feel comfortable speaking in front of a Judge and courtroom packed with people and presenting your case then hire a lawyer. Or, if you have a bad record and you need a lawyer to soften the blow from the court in their penalty, then hire a lawyer. Or, if you don't want to or cannot appear in Court, a lawyer can go in your place. Or if you believe you have a valid legal argument that you didn't commit the offense, then hire a lawyer. Hope this helps.
ReplyDeleteTwo weeks ago I was pulled over just south of Easton. It was raining at the time. There were a couple of cars in front of me and several behind me. Due to the weather we were travelling under the 55mph speed limit. There was a state trooper with his lights flashing pulled over on the right shoulder. The vehicle he had stopped was signaling to pull back into traffic. The policeman was in his car. The vehicles in front of me moved into the left lane; the vehicles behind me had moved over and were passing me. I slowed to let the car merge safely. I moved as far over in my lane as not to obstruct traffic. Just before I passed the police car all of the cars had passed on my left. I was slowing to let the previously pulled over car into traffic and continued to slow as we were approaching a red light. The policeman pulled in behind me (he did not have his lights on). We waited for the light to turn green. A couple of hundred yards later the policeman put his lights on and pulled me over. He asked if I knew why I was pulled over. I told him no. He said he pulled me over because I did not move into the left lane. I told him there were cars in the lane that were passing me. He said he felt I could have pulled over and I endangered his safety. He was not out of his vehicle at anytime as I approached. He issued me a ticket for $110 plus one point. I have never had any type of ticket and have been a licensed driver for over 30 years. Should I request a waiver (I did not pull over but I did not feel it was safe) or do I request a trial?
ReplyDeleteYou want to request a trial date. That will give you a trial date where you can appear and tell your side of the story and the Judge can decide if you are guilty or not guilty. If you selected a waiver hearing you would be pleading guilty before the trial date and you could not tell your side of the story as to what happened that day.
ReplyDeleteI got a "driving in excess of reasonable and prudent speed" TA-21-801(a) charge while driving in Maryland. I'm a Virginia resident. The officer told me that the 1 point *may* not show up on my record. I'm trying to decide whether to pay it or go into court. Anyone know if minor Maryland points show up on Virginia records?
ReplyDeleteI would suggest you contact a Virginia Traffic Ticket Attorney, I would suggest the office of Jezic, Krum, & Moyse at 240-292-7200. You want a lawyer in the State where you are facing the penalty.
ReplyDeleteIt was in Maryland. Do you know if Maryland points show up on Virginia records?
ReplyDeleteIf you or a loved one has been charged with a criminal traffic offense,no needworry.Traffic offenses AttorneyTraffic Offenses Attorney, Melvin S.Nash will take you away from this problem. Call today
ReplyDeleteGot a speeding ticket on I-95 yesterday in Cecil County for 74 in a 65. Clean NY license. one point, 80 bucks. Any way for me to try to get it knocked down to no points without an in-person appearance? the 80 bucks is fine but want clean record. Would it be worth it for me to contact you or is this too small.
ReplyDeleteAwesome article, it was exceptionally helpful! I simply began in this and I'm becoming more acquainted with it better! Cheers, keep doing awesome! New Orleans traffic ticket attorney
ReplyDeleteHello! this morning at 3:45 was driving 71 in a 55 on route 4 in Calvert county with my significant other and kids in the car to officer pulled me over and gave me a ticket stating 64 not 71, he said I was going 71 but would only put down 64 to help me. I was going to avoid a trial because I'm worried if he is there he will mention I was going 71 with kids in the car which is 16 over the limit. What should I do.
ReplyDelete