MARYLAND
LAWYERS FOR OVER THREE GENERATIONS
MARYLAND
LAWYERS FOR OVER THREE GENERATIONS |
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Traffic Court Rule 1 That's Rule-1 when defending yourself in traffic court. That's the "short course" on this topic. But there is more to consider. (You didn't think a lawyer could really give you an answer in three words, did you?)
But it's just a small fine, you may say. I may as well pay it and be done with it. True, if the ticket only charges a minor offense (one that doesn't require you to appear in court), you can send in your check for the amount noted on ticket and you're finished. Or are you? Paying the fine causes points be entered upon your driving record. Points can not only increase your insurance rates, but accumulating too many points can cause your driver's license to be revoked. (See Maryland Point System). Going to court offers advantages over paying the ticket: You could be found not
guilty. To get a court date, don't pre-pay your ticket. And do not mail in the white copy of your citation (the white copy contains a waiver whereby you agree that when you appear in court you will be pleading "guilty with an explanation.") The District Court clerk's office of the county in which the offense occurred will send you notice of your trial date. The county of jurisdiction should be written on your citation. (NOTE: All future references to clerk's office and state's attorney's office refer to the district court divisions of those offices in the county in which the offense occurred). If you don't receive a trial notice within 45 days, contact the clerk's office and ask to speak to a traffic clerk. You'll want to confirm that your trial hasn't been scheduled and that your notice wasn't lost in the mail or sent to the wrong address. (If you fail to appear for court, your license is suspended). When speaking with the clerk, refer to your case number, which is the pre-printed number on your ticket. File a Request for Speedy Trial with the clerk's office. (You can do this as soon as you receive the ticket -- the sooner the better). Send a copy of the Request for Speedy Trial to the state's attorney's office. KEEP A COPY OF THIS AND ALL OTHER CORRESPONDENCE YOU SEND. Why file a speedy trial request? You have a right to have your case tried in a timely matter and may be entitled to have the charges dismissed if you have to wait a year or more, or if any delay in setting the case for trial has caused you prejudice. But you must request a speedy trial in writing in order to take advantage of this defense. Once you receive your court date, make sure to note it in your day-planner, diary, on the refrigerator door, or wherever else you post dates to remember. If you want any witnesses brought to court to testify on your behalf, go to the clerk's office and fill out a subpoena form (one form for each witness). Do this at least one month in advance of trial so the clerk will have time to issue the subpoena and have it served on your witness(es). If you need a postponement for a legitimate reason, don't call the clerk's office. Send the clerk a letter advising why you need the postponement; a copy of the letter should be sent to the state's attorney's office. That said, it's time to prepare for your walk through the courthouse doors. Traffic court is now in session...click here to continue...
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