Introduction

JurisdictionMaryland

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. The violations can be found in the Maryland Code Annotated, Transportation Article.1 Most traffic offenses 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 each section. 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.2

B. Minor Motor Vehicle Offenses

Most 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 the minor offenses carry a maximum fine of $500. Offenders are issued citations by police officers at the scene and released. The citations for non-incarcerable offenses allow for a prepayment and/or forfeiture of the preset fine. The driver may also request a court date for a trial requiring the officer's appearance or just a sentencing hearing where...

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