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Dwayne B.
Dwayne B., Attorney
Category: Legal
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Experience:  Began practicing law in 1992
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Good aftrenoon! Here is my situation: I live in the state

Resolved Question:

Good aftrenoon! Here is my situation: I live in the state Florida and have a valid Florida driver's license. I was in maryland several weeks ago visiting friends and family and while I was there, I used a rental car. While in Maryland I learned that one of my best friends who's in the Army was being deployed the following Monday, so I went to spend some time with him before he left. On my way back to my moms house, I get pulled over and the officer tells me I was speeding. So I give him my license and the rental car registration, the officer takes them, looks at my license and asks me for a Maryland address. So I'm assuming that he means the address where I'm staying while in Maryland so I give him my moms address. He comes back a while later and says "your Maryland license is suspended", to which confuses me because I didn't provide a Maryland license, I gave him my license from the state that I live in. After doing a little research, IO was able to find out that my Maryland was suspended almost 15 years ago due to a judgement for a fine. But i have not been able to find any piece information that says that I can't drive using my own valid Florida drivers license if I actually reside in the state my license is issued. So, my question would be: Is there any truth to this or if you have any type of information that can help because I now have to go to court back up in MD for a 16-303 (c) charge of "Person Driving Motor Vehicle on Highway or Public Use Property on Suspended License and Privilige.
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

Unfortunately, that charge is probably valid, base on the wording of the statute, which is more specific than most.

JD 1992 :

It specifically says "(c) A person may not drive a motor vehicle on any highway or on any property specified in § 21-101.1 of this article while the person's license or privilege to drive is suspended in this State."

JD 1992 :

And you clearly were violating that statute assuming, of course, that your license is actually suspended in MD.

JD 1992 :

You could hire lawyer to fight this on Constitutional grounds or challenge the evidence in the case because they rarely will bring actual, admissible proof that the license is suspended.

JD 1992 :

But it will likely be a full blown trial and that will be considerably more expensive than paying the ticket.

Customer:

So I actually have to wait until the court date to find out the price of the ticket. The officer said its a must appear offense. Would it be wiser to get private attorney or is this something the public defender can handle

JD 1992 :

No, get a private attorney if you can afford one.

JD 1992 :

The PD is just going to try and get a quick plea for you on this one if you can even get the judge to appoint a PD.

Customer:

Yeah, I have problems with PD's in the past. So how much do you think something this costs

JD 1992 :

$1500 at a guess.

Customer:

oh my

Customer:

thanks for your help

JD 1992 :

Md treats this as a misdemeanor, so it is more serious than a ticket.

JD 1992 :

The penalty for driving on a suspended license in Maryland is either a maximum $500.00 or $1,000.00 fine and 60 days, 1 year, or 2 years incarcerated or both.

JD 1992 :

I think the lower amounts apply to your case since it is a first offense.

Customer:

now since i live in florida, if they did give my the 60days or so, would it be made into probabtion or put on a stet? docket

JD 1992 :

Usually it would be probation.

Customer:

how does that work when you reside in another state

JD 1992 :

They would just let you report by phone normally.

Customer:

oh ok, thxs

JD 1992 :

You're welcome.

JD 1992 :

Best wishes to you on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work. The website only gives credit to the expert if you give a Positive Rating.

Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27293
Experience: Began practicing law in 1992
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Dwayne B.
Dwayne B.
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Began practicing law in 1992