Last year, the Maryland legislature changed the law that required the court to send trial notices to all persons receiving traffic tickets. Now a person receiving a payable (minor) traffic violation and no jailable (non-payable – must appear) companion tickets must either pay the ticket or request a trial within 30 days. If this is not done the driver’s license is suspended until they pay it.
The ticket says:
IF ANY OF YOUR VIOLATIONS ARE MARKED “MUST APPEAR”: You will automatically be mailed a notice of your trial date by
the Court. Failure to appear will result in a warrant for your arrest.
Then further down on the form it says:
IF ANY OF YOUR VIOLATIONS ARE MARKED “PAYABLE FINE”: You must comply with one of the following within 30 days
after receipt of the citation. Provide any change of address if applicable.
OPTION #1 – PAYMENT: Pay the full amount of the fine for each violation within 30 days at any District Court of Maryland, by
mail, or by credit card (fees apply) using the IVR system or the Court Website. If paying by mail, make check or money order
payable to District Court of MD and include citation number(s) on front of check or money order. On the option form below, check
“Pay Fine Amount” for each violation being paid and mail the form with your payment to the address shown for the District Court of
MD.
An additional $10 service fee will be imposed for each dishonored check.
OPTION #2 – REQUEST A WAIVER HEARING REGARDING SENTENCING AND DISPOSITION INSTEAD OF A TRIAL: On the
option form below, check “Request Waiver Hearing” for each violation where hearing is requested, sign and date at bottom and mail the
form within 30 days to the address shown below. DO NOT SEND PAYMENT at this time.
OPTION #3 – REQUEST TRIAL: On the option form below, check “Request Trial” for each violation where Trial is requested, sign, date
at bottom and mail the form within 30 days to the address shown below. DO NOT SEND PAYMENT at this time.
The problem occurs when the person (or their parent!) pays the citation without knowing the consequences. First of all, if any of the tickets is a must appear, then it should absolutely not be paid because a trial date will be scheduled for all the tickets together. The notice on the citation is not clear about this! Even if none of the tickets is a must appear, no ticket should be paid before the person knows everything that will happen at the MVA. And in most cases, people receiving tickets do better by going to court anyway.
I recently had a case where the prosecutor was ready to drop a DUI down to negligent driving – a one point ticket. However, the client’s mom had already paid the reckless driving ticket – a 6 point violation. Fortunately the judge helped us to remove the reckless driving conviction.
Another recent case involved a client who received a ticket for driving in violation of a restricted license. Her daughter who is on a provisional license was driving after midnight. Not the crime of the century – but the mom’s assumption was not the same one the MVA made. The precise restriction allegedly violated was not specified on the ticket. The MVA filed for a 1 year suspension because that is what they do when there is a violation of any kind of license restriction. Although it is possible for an administrative law judge to do less than a 1 year suspension, this is now a huge mess that will require extensive legal work to undue, if it can be undone.
Moving violations carry points and potential other penalties and it is unwise to pay tickets without first consulting with a lawyer.
If you are facing criminal or traffic charges in Maryland state or
federal court, call Leonard R. Stamm of Goldstein
& Stamm, P.A. at 301-345-0122 for a free consultation.
Leonard R. Stamm
Goldstein & Stamm, P.A.
6301 Ivy Lane, Suite 504
Greenbelt, MD 20770
301-345-0122
(fax) 301-441-4652
www.dwiattorneymaryland.com
https://www.marylandduilawyer-blog.com
marylandduilaw@gmail.com
Author: West’s Maryland DUI Law