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RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 12132
Experience:  Experienced in multiple areas of the law.
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Can a person get jail time wearing a helmet in Maryland or

Customer Question

Can a person get jail time for not wearing a helmet in Maryland or just a fine?
Also, if someone were to say take a picture or pictures of an individual riding /operating a motorcycle while not wearing a helmet could that be given to law enforcement to get that person in trouble that was operating the motorcycle without a helmet?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  RobertJDFL replied 1 year ago.

Thank you for using Just Answer. I look forward to assisting you.

There is no jail time for not wearing a motorcycle helmet in Maryland. The maximum penalty a court can impose is a fine up to $500 (just an FYI, while I cannot speak for Maryland specifically, many counties in other states impose surcharges and processing fees on top of whatever fines a court may impose).

As far as someone taking a picture or pictures and them being used, THEORETICALLY, I suppose they could be used, but they could easily be attacked by a lawyer in court because there's no way to authenticate where the pictures were taken (is it really in Maryland or maybe a different state), when they were taken (was it before or after the law was enacted), and if they are genuine or not (anything can be photoshopped). The officer also cannot testify that they saw the violation occur. Therefore, I find it unlikely any officer would use them as a basis to write a citation, and if they did, I would suggest challenging it in court to have the pictures thrown out.

If I may be of further assistance, please REPLY and I'll be happy to help you. Thank you very much.