|
Home
Traffic & MVA Hearings
Penalties
Points
FAQ
Traffic Citation Evaluation
E-Mail
Offices
by Appointment
8370 Veterans Highway
Suite 201
Millersville, MD 21108
Mailing
Address
Post Office Box 694
Columbia, MD 21045 Telephone
443-324-5289 Facsimile
410-729-4186
|
|
|
Traffic & MVA Hearings
Frequently Asked
Questions
Do I
need a lawyer for Traffic Court?
Everyone who has been charged with a major traffic
offense has the right to be represented by an attorney. Even for minor offenses, a lawyer can be of great assistance.
Scott Athen will prepare a vigorous defense for your case.
He knows what evidence is legally admissible, what should be
objected to during the trial, and the required elements the State must
prove beyond a reasonable doubt to find you guilty.
Mr. Athen will also assist in presenting mitigating circumstances
if you plead or are found guilty, and he will argue for alternative
dispositions to jail time or maximum penalties.
In most cases, you don't even have to appear in court!!!
What
should I do, now that I have been stopped?
 |
Have your
drivers license & registration ready before the officer walks up to
your window. |
|
|
Place both
hands on the steering wheel of your car, so the officer can see them.
Believe it or not, at this point, the officer is much more nervous than
you are. |
|
|
Be polite to
the officer. Don't argue, now
is not the time - save it for the courtroom!
|
|
|
Politely refuse any requests to search the
vehicle.
|
|
|
Sign the ticket, it is not an admission of guilt - it simply shows that
you have received the ticket, and not signing may lead to your
arrest.
|
Is there a difference between minor and major
traffic violations?
Yes, there is a
difference. Minor violations
are those offenses that are subject to fines only, and major violations,
or 'major offenses' are subject to fines and
jail sentences.
What is an example of a
minor and a major traffic violation?
A speeding ticket is an example of a minor violation, and Driving While
Impaired is an example of a major violation.
What are my options when I receive a minor traffic violation?
For minor violations, you have two options - you can pay the fine
indicated on the ticket, or you may contest the ticket by going to court.
For major violations, you must appear in court, where you have the choice
of pleading guilty, or contesting the ticket and going to trial.
What
if I pay the ticket?
If you choose to pay the ticket, you are admitting that
you are guilty of the charge. Before
you pay the ticket, understand that the Maryland Motor Vehicle
Administration has established a 'Point System'. This system assesses points on your driving record that may
effect your insurance rates and/or your driving privileges.
What if I want to
contest the ticket?
Do nothing.
You
will receive a summons in the mail that will include the date, time, and
location of the trial within 3 to 8 weeks.
What happens in court?
If you plead 'not guilty', the officer who issued the ticket must be in
court to testify. While the State does not have to prove you intended to
commit the traffic offense, you are guilty if the State proves beyond a
reasonable doubt that you committed the act.
If you are found not guilty, you will be free to leave.
What
if I am found guilty?
At this point, the judge will listen to why you were,
for example, speeding. The
judge will also ask you about your prior driving record.
Be Honest! - the judge will most likely have a current copy of your
record on his computer. Depending
on the severity of your violation, the circumstances, and your prior
driving record, the judge may:
|
|
Enter a Probation Before Judgment (PBJ) and impose a
fine up to $500, the maximum allowed. |
|
|
Reduce the violation to a lesser offense (resulting in
fewer points on your driving record), and fine you up to $500. |
|
|
Keep the violation as charged, and fine you up to $500. |
What is
Probation
Before Judgment?
Probation Before Judgment, is when the judge finds you
guilty, but strikes the finding of guilt (so the MVA does not assess
points on your driving record) and places you on probation for a period of
time (usually 6 months to a year for a minor violation).
If you compete your period of probation without any new traffic
violations, you are not given points by the MVA.
If you plead guilty, or are found guilty of another ticket during
probation, you will likely will get the points for the second ticket, as
well as the points for the ticket for which you received a PBJ.
What
happens if I am charged with a major traffic violation?
Unlike minor traffic violations, you must appear in
court for a major traffic violation. You
will receive a summons in the mail that will include the date, time, and
location of the trial within 3 to 8 weeks.
What
if I am found guilty of a major traffic violation?
At this point, the judge will listen to why you were,
for example, speeding. The
judge will also ask you about your prior driving record.
Be Honest! - the judge will most likely have a current copy of your
record on his computer. Depending
on the severity of your violation, the circumstances, and your prior
driving record, the judge may:
|
|
Enter a Probation Before Judgment (PBJ) and impose a
fine up to $1,000, the maximum allowed. |
|
|
Reduce the violation to a lesser offense, enter a
suspended sentence, enter a fine up to $1,000, and impose a period
of probation. |
|
|
Enter
a suspended sentence, enter a fine up to $1,000, and impose a period
of probation. |
|
|
Keep the violation as charged, impose a period of jail
time, and fine you up to $1,000. |
The
date I am to appear in court would cause me unreasonable hardship
(illness, hospitalization, etc.) what can I do?
Prior to the court date, you may write to the court and
ask for another court date for good cause shown. This applies to both
minor traffic violations, and major traffic violations. Please note that the courts are becoming increasingly less
inclined to grant continuances.
What
happens if I don't go to court when I am supposed to?
Several thing happen if you fail to appear for a court
date. For minor traffic
violations where you have not paid the fine, your drivers license will
automatically be suspended. Driving While Suspended for failing to appear in court is
subject to a 60-day jail term and a $500 fine. For
major traffic violations, the judge may issue a bench warrant for your
arrest.
Complete the
FREE Traffic Citation Evaluation,
and Mr. Athen himself will contact you within one business day to discuss your
ticket.
|
