Maryland Speeding Ticket | How to Defend Your Driving Record

You've just been pulled over for speeding on I-95. As the officer approaches your vehicle, you think you're done for. You may have prior traffic citations, but you're not sure how many points you have on your license. You think: am I going to lose my license? What do I do now?

First, relax. There are a number of strategies you can use to protect your driving record. Your control over the outcome starts with the traffic stop itself. Be cooperative and polite with the officer. The officer has the power to lower your citation to a reduced speed in court (which means fewer points and a lower fine), and the officer will be much more inclined to do so if you were polite and cooperative.

Two, retain an attorney. If you've been given a serious traffic citation, you could be facing fines of up to $500 and loss of your driver's license. An attorney can protect your rights at trial by holding the officer to the requirements of the law. For example, an officer must prove four things in order to use a radar speed reading against you in court. The officer must show (1) that the equipment was properly tested and checked, (2) that it was manned by a competent operator, (3) that proper operative procedures were followed, and (3) that proper records were kept. See Fitzwater v. State, 57 Md. App. 274 (1984). At trial, an attorney can cross-examine the officer on these topics and attempt to have radar evidence of your speed excluded from trial.

An attorney can also negotiate with the officer on your behalf. The officer is much more likely to agree to reduce your citation if you have an attorney representing you. If you choose to plead guilty, an attorney can also argue to the judge to reduce your speed, resulting in fewer points and a lower fine, or to grant you probation before judgment, which results in zero points added to your license. An attorney can also help you get a probation before judgment expunged from your record, leaving you with no record of the citation.

If you wish to have a trial on your ticket, be sure to request one within 30 days by checking the "Request a Trial" box on the return to court copy of your citation. You may also "Request a Waiver Hearing" to plead guilty with an explanation in court. If you request a trial, the officer is required to appear, however, you can still choose to plead guilty at the hearing. If you elect to request a waiver hearing, the officer will not be required to appear, however you will be able to argue to the judge for a reduced sentence.

Knowing how many points you are facing before you get to court may reduce your anxiety over the citation. You can look up your citation on Maryland's schedule of fines and points here - www.courts.state.md.us/district/forms/criminal/dccr090.pdf. Whether you are in danger of losing your license will depend on the number of points you have accumulated in the last two years. At 5-7 points, you can complete a Driver Improvement Program to keep your license. At 8-11 points, your license will be suspended, however, you may request a hearing with the MVA to contest this. At 12 points, revocation proceedings will be instituted.

If you, a family member or someone you know has received a speeding violation or would like more information on defending your driving record, please visit us on the web at http://portnerandshure.com

 

Rockville, Maryland Traffic Ticket Attorneys | New Maryland Law Gets Rid of Speed Camera Bounties

A new Maryland law goes into effect getting rid of the so-called "bounty system" for speed cameras.

Cities and counties can no longer pay speed camera vendors based on how many tickets their cameras issue to drivers.

Cameras can often be calibrated to be too sensitive, or in other cases, they might be unfairly positioned. In Maryland, if more than five percent of the citations issued by a single camera are found to be erroneously issued over the course of a year, the contractor will be fined half the cost of the lost revenue.

In school zones, the speed limit must be at least 20 mph for a speed camera to go up in the area. And the school zone must be clearly marked with a warning.

To ensure that systems operate fairly, speed and red light cameras are calibrated at independent labs. That means that camera operators can't rig a system to make it more sensitive in an effort to generate more tickets. 

The law also requires the Maryland Police Training Commission to report speed camera statistics annually, in addition to making the numbers public record.

Baltimore, Maryland Traffic Ticket Attorney | Driving Without a License in Maryland

What is driving without a license in Maryland?

Driving without a license in Maryland can be distinguished from "failure to display a license." If you have a valid driver's license but simply failed to have it on your person when pulled over, you could only be charged with "failure to display a license." However, if you are charged with "driving without a license" in Maryland, it means as a resident of Maryland or as a resident of another state you do not currently have a valid driver's license.

What is the punishment for driving without a license in Maryland?

Driving or attempting to drive without a license in Maryland carries a maximum penalty of 60 days in jail and/or a $500 fine. A conviction for driving without a license will result in 5 points being assessed. The charge carries more time for subsequent offenders.

Can I just pay a fine online if I've been charged with driving without a license in Maryland?

Because driving without a license is an incarcerable offense, meaning that you can serve jail time if you are found guilty of the charges, it is what is referred to as a "must appear" citation. That means that this citation cannot be disposed of just by paying a fine. A driver that receives a ticket for driving without a license must go to court to resolve their case.

Can I apply for a driver's license if I am an illegal resident in Maryland?

Illegal immigrants in Maryland are now able to obtain what is called a "second-tier" driver's license if they meet certain requirements. These second-tier driver's licenses allow holders to drive on Maryland roads, register their cars, and obtain insurance. However, these licenses are not recognized by federal agencies and cannot be used for identification purposes. The words "Not Acceptable for Federal Purposes" is written across the top of the license.

If I am an illegal immigrant in Maryland, how do I apply for a second-tier driver's license?

In order for an illegal immigrant to obtain a second-tier license, an applicant must bring documentation to their driver's license appointment that proves three things: identification, Maryland residency and that the applicant has paid taxes in Maryland or is a dependent of someone who has paid taxes in Maryland for the past two years. 

To prove identification, an applicant can submit a passport. If the applicant is unable to provide a passport, the applicant can submit two of the following, one of which should contain a photograph not more than 8 years old:

• Foreign driver's license


• Birth certificate


• Identification card


• Employment authorization document

To prove Maryland residency, an applicant needs at least two of the following:

• Maryland vehicle registration or car title


• Utility bill


• Bank statement


• Life insurance card


• Property tax bill or receipt


• Proof of home ownership


• Mail from a government agency


• Credit card bill


• Cancelled check

To prove the applicant has paid taxes in Maryland or is a dependent of someone who has paid taxes in Maryland for the past two years, an applicant must provide two years of Maryland tax forms approved by the comptroller.

Should I consult an attorney if I have been charged with driving without a license in Maryland?

If you have been convinced to driving without a license, it is in your best interest to immediately consult an attorney. The highly-skilled, experienced attorneys at Portner & Shure will work diligently to obtain the most favorable results possible for you. For a free consultation, contact a Baltimore traffic ticket attorney at Portner & Shure.