Have Traffic Law Questions? Ask a Traffic Lawyer Online.
Thank you for your question.
Please permit me to assist you with your concerns.
When is your hearing--has it been scheduled yet?
I got the ticket tonight. I have thirty days to request a waiver hearing.
If I may ask, what is your age? I ask purely to see how willing the state may be in granting a waiver.
Also, when was your last ticket?
June of this summer at the beach. My only other ticket. 10 miles over the speed limit on Route 50 West.
How did that ticket work out, did you get the points or pay the fine?
I did not get any points
I paid the fine.
With two tickets given together the chance of no points is fairly small.
Actually, it was a "traffic violation warning"
In addition the past citation, even without points, can get the state to refuse to grant as favorable of a plea
Ahh, a warning is different.
The top of the paper says State of Maryland Traffic Violation Warning
what you received just now or in the summer?
In the summer, again sorry for the confusion.
A 'warning' is generally not a citation, it is a request to refrain from certain behavior
warnings do not carry fines, at least not usually.
Yea, I don't believe I paid a fine
Then it's a non issue
that helps with this situation.
two concerns that I see
1. two tickets at once. the state is less likely to grant both as no point violations
2. your age. While potentially unfair, courts are typically harder on more youthful drivers as they are likely to see them as more inexperienced.
Does it not seem like double jeopardy? I thought I was merging safely between two vehicles so I get slapped with a violation for the first and second car?
So would a waiver trial be a complete waste in your honest opinion?
it is not double jeopardy--that is when someone is pursued twice for the same offense. For example two speeding tickets for the same length of time and stretch of road.
But citing someone for following too close, and driving to overtake are two separate causes of action and citations--they have different conditions and different requirements.
A waiver would likely not be helpful. What would be helpful is pleading not guilty, going to court, requesting a hearing, and trying to plea deal with the state at the hearing itself.
Ok, I understand the spirit of the law but I think it can be unfairly applied when someone is trying to merge into another lane.
How long would this hearing typically take?
The officers do try to put as many tickets onto a person as they can at times
and that can include multiple tickets for one act
Also, what would be the court costs associated with this in traffic court?
if you were also going fast while doing so, he could have added speeding as well.
court costs are typically under $50 for traffic offenses
I was going 20-30 mphs, another reason I believe this is a stretch of a charge
Seemed like a safe speed to merge
the hearing would be quite quick--typically you would need to appear 30 minutes early
then the officer or prosecutor would find you and speak with you in private
they would then offer you a deal
which you can choose to take, and plead guilty, or fight it out
The police offer can approach me prior to my hearing and offer me a deal?
if you agree, you go to the judge, agree to plead guilty, and make arrangement for the ticket.
yes, he can
Why would he choose to do that? Sorry for the questions...
efficiency mostly, and practical time constraints
courts do not want to hear such cases
wastes the court's time and the judge's time
they would rather use the court to collect revenue (fines) then hear the whole case
And the officer has power to drop one or both charges?
you pleading guilty to something less would take 2 minutes
hearing the case may tak 20-30...they want that time.
I just don't want the points honestly.
yes, he does.
And yes, I figure this is less about fines and more about points.
Is a waiver hearing in private or in front of a large crowd as well?
And you believe I'
I'd be less successful with that?
I suspect if you file for a PBJ, the state is less likely or willing to drop the points, at least all of them
they can likely set aside one ticket and one set of points, not both
I suspect at a hearing you would have greater success
plus there is the chance the other party does not appear and you win by default
I can still file for a PBJ if during a hearing if the officer appears?
I am sorry, I do not understand
could you rephrase?
Yea, sorry haha
If I choose to go to trial and the officer shows, I can still file for a PBJ correct?
If within the 30 day window, yes, but I suspect that you won't get a hearing date that quickly.
so I can only file for the PBJ if my hearing is within a thirty day window
right, which is highly unlikely
typically it would take about 2 months or so to get it scheduled.
thanks for your time.
I'm going to bed.
Glad to help. And good luck to you, sorry that you got pulled over, and trust me, happens to us all.
Glad to help.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).