CHAPTER TWELVE VEHICULAR CRIMES
| Jurisdiction | Maryland |
CHAPTER TWELVE VEHICULAR CRIMES
LEONARD STAMM has been a practicing drunk driving, DUI, DWI, and criminal defense lawyer in the District, Circuit, and appellate courts of Maryland since 1984. Mr. Stamm is recognized as an authority in the area of drunk driving defense and Motor Vehicle Administration hearings in Maryland and has lectured and written extensively on this topic in Maryland and around the country. He has been a speaker at and has organized numerous continuing legal education seminars since 1986.
He is presently a Fellow of the National College for DUI Defense, and was previously Chairman of its Curriculum Committee and Amicus Committees. He is a former President of the Maryland Criminal Defense Attorneys' Association. He also serves on the Maryland Criminal Pattern Jury Instruction Committee of the Maryland State Bar Association.
Mr. Stamm is one of the few lawyers in the country to have taken a two and a half day overview of the Drug Recognition Expert (DRE) program. Martindale-Hubbell gives him its highest rating-"AV Preeminent." He has also been listed in "Super Lawyers" and "Best Lawyers." In 2013, he received the first annual Fred Bennett Zealous Advocacy Award by the Maryland Criminal Defense Attorneys' Association (MCDAA).
Mr. Stamm received a J.D. from Catholic University and a B.A. from Wesleyan University.
I. INTRODUCTION
A. Overview of Traffic Law
Persons charged with traffic offenses are usually personally served traffic citations issued by police officers who observed alleged violations. Most of the violations can be found in MARYLAND CODE Annotated, Transportation (2020 & Supp. 2021) (hereinafter TRANSP. § ___). Traffic offenses generally carry criminal sanctions, i.e., fines, probation, and/or jail, as well as administrative sanctions, i.e., imposition of points and/or suspension or revocation of driving licenses, or (for out of state residents) driving privileges. The potential criminal sanctions are contained in TRANSP. § 27-101. The potential administrative sanctions are contained for the most part in TRANSP. §§ 16-205-16-405. Counsel must be familiar with the criminal and administrative consequences not only of the offense charged but also of the potential resulting offense after plea bargaining or reduction by a judge. Representation in most instances is similar to representation of misdemeanor criminal cases in the District Court of Maryland.
B. Minor Motor Vehicle Offenses
Many district courts hold two types of motor vehicle dockets: major or incarcerable motor vehicle dockets, and minor or non-incarcerable motor vehicle dockets. Most of these minor offenses carry a maximum fine of $500. Offenders are issued citations by police officers at the scene and released. The defendant is required to respond to the tickets within 30 days.1 There are three choices: paying the tickets; pleading guilty and requesting a sentencing hearing; or requesting a trial. If the person pays the tickets, convictions show on their driving records, with points, if the tickets carry points. If the person elects to plead guilty, the officer is not required to appear in court. The judge can reduce the fine, reduce the speed on a speeding ticket, or award probation before judgment (PBJ) so the person does not get points. If the person requests a trial, the officer must appear or the cases are usually dismissed. Failure to respond to the citations within 30 days results in a suspension of the driver's license or privilege to drive. Drivers are allowed to post the collateral after missing the 30-day deadline or missing a court date to clear the suspension and may request a new trial or plea date. Forfeiture of collateral results in a conviction and the imposition of points if the offense carries points.
At court, there is no pre-trial discovery. The judge may impose a $500 fine in the event of a conviction even if the prepaid amount was less. In the counties that have minor motor vehicle dockets, there is usually no prosecutor. Trials and pleas are conducted by the judge. Nonappearance by a police officer or, in accident cases, the civilian witnesses, often results in a not guilty finding. When the witnesses appear, pleas of guilty or guilty with an explanation are allowed. Many judges offer either a reduction in points or fines, or PBJ based upon prior good driving records. Often the police officer will agree to present a reduced charge or present no evidence where there is some mitigation.
C. Major Motor Vehicle Offenses
Major or jailable motor vehicle offenses may not be prepaid. When one of the tickets issued to a defendant carries the possibility of a jail sentence, then it is scheduled in District Court along with the other non-jailable tickets. The alleged offender must appear in court on the scheduled court date. Failure to appear can result in a bench warrant and a suspension of the defendant's driver's license or privilege to drive in Maryland. There is a prosecutor in court. Most offenses carry either two months or one year in jail; a $500 or $1,000 fine; and eight or 12 points.
Practice Pointer
Initial Contact with the Defendant
At an initial interview, counsel should find out as much as possible about the client and the incident which led to the issuance of citations. Counsel should inquire as to the client's living situation, family status, children, work and educational background, and prior record of offenses. The client's need for a driver's license should be discussed and, unless it is a homicide, the client should be fully debriefed about the incident, including police actions; statements made by the client; and names, addresses, and phone numbers of all witnesses. Counsel should review all of the paperwork provided by the police or commissioner with the client. Toward the end of the interview, counsel should be able to give the client a range of reasonably likely outcomes. Counsel should state that the client cannot be guaranteed a particutar result. Counsel should request the client to obtain his or her driving records and, if appropriate, to take pictures of the area where the offense occurred. Counsel should also discuss fee arrangements with the client.
D. Driving Records
The Maryland Motor Vehicle Administration (MVA) maintains a number of types of driving records. The complete driving record (also known as a litigation record) contains every entry placed on the public portion of the driver's record for as long as they have been licensed in Maryland or, if a nonresident, since the first traffic violation that has been noted on the record. The MVA also maintains what is known as a PBJ record. Under MD. CODE ANN., CRIMINAL PROCEDURE § 6-220 (2018 & Supp. 2021) (hereinafter CRIM. PROC. § ___), a judge may suspend a judgment of guilt and place an offender on probation subject to appropriate conditions. The violation is placed on a PBJ record and is not accessible to anyone but the licensee, the attorney for the licensee, the police, the state's attorney, and the court. An offender who satisfies the conditions of probation never receives the conviction or points, and no entry is ever made on the complete driving record.
Insurance companies have no access to the PBJ record. However, if the insurance company finds out about the offense through other means, such as Maryland Judiciary Case Search, it is not prohibited from taking appropriate action.
With a Soundex number, email address or phone number, date of birth and last four numbers of the social security number, it is possible to get an uncertified record for $9 or a certified driving record for $12 online.
II. DEFENSES
The defenses outlined below are a sampling of defenses that should be considered regardless of the charge.
A. Charging Document Defenses
In Pedzich v. State,2 the Court of Special Appeals held that charges filed in the district court are charging documents subject to all of the constitutional, statutory, and regulatory requirements of charging documents.
1. Elements
It is well settled that each and every element of the offense must be specified in the charge.3 Traffic citations are notorious for failing to allege every element of a given offense.
2. Duplicity and Disjunctivity
Duplicity, charging two offenses in a single count, and disjunctivity, joining two distinct offenses with an "or," are also devices for which counsel should be alert.4 Duplicity may be cured by an election before trial or by proving all of the offenses alleged at trial.5 A disjunctive charge should be dismissed without leave to amend.
3. Venue
All charging documents must allege the location of the court that has jurisdiction to hear the case.6
In McBurney v. State,7 the Court of Appeals recognized that venue cannot be amended. In the mid-1980s, officers wrote citations with a numerical code for the county. Many citations that alleged "16" as the county instead of Prince George's County were dismissed. The success of a similar defense, in which the officer neglected to write in an allegation that the offense occurred in the state of Maryland, led to the creation of the latest series of preprinted form citations with "MD" printed on the form.
B. Discovery Violations
MARYLAND RULE 4-262 governs discovery in district court cases when there is a possible penalty of incarceration. It requires the state, on request, to furnish the defendant with their statements contained in a written report or written opinions of an expert; and, without a request, to furnish exculpatory information under Brady v. Maryland.8 Many state's attorney's offices have an open file policy. They send a letter to counsel offering open file discovery. Counsel should probably respond with a letter asking the state to copy and send them copies of the police report and later except if the discovery is incomplete. Counsel has the option of asking the judge to rule on exceptions prior to trial or waiting until the...
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