Traffic Law

Have Traffic Law Questions? Ask a Traffic Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Traffic Law
This answer was rated:

Prior to making a left handed turn onto the street I live on,

I merged from the right...
Prior to making a left handed turn onto the street I live on, I merged from the right to the left lane using my blinker and was immediately pulled over my a university policy officer in my college town. I was told was being charged with "following a vehicle too closely" (the vehicle in front of me) as well as "driving a vehicle directly in front of overtaken vehicle" (the vehicle I supposedly passed yet I didn't see when I checked my side-view mirror).

The fines are $200 in total and carry 4 points. I obviously want this reduced seeing as I have zero points on my record. I would feel most comfortable entering into a waiver hearing in which I admit guilt but that I receive a PBJ.

Thoughts?
Show More
Show Less
Ask Your Own Traffic Law Question
Answered in 18 minutes by:
11/11/2013
Dimitry K., Esq.
Category: Traffic Law
Satisfied Customers: 41,221
Experience: Run my own practice.
Verified

Dimitry K., Esq. :

Thank you for your question.

Dimitry K., Esq. :

Please permit me to assist you with your concerns.

Dimitry K., Esq. :

When is your hearing--has it been scheduled yet?

Customer:

I got the ticket tonight. I have thirty days to request a waiver hearing.

Dimitry K., Esq. :

If I may ask, what is your age? I ask purely to see how willing the state may be in granting a waiver.

Dimitry K., Esq. :

Also, when was your last ticket?

Customer:

20.

Customer:

One moment..

Customer:

June of this summer at the beach. My only other ticket. 10 miles over the speed limit on Route 50 West.

Dimitry K., Esq. :

How did that ticket work out, did you get the points or pay the fine?

Customer:

I did not get any points

Customer:

I paid the fine.

Dimitry K., Esq. :

With two tickets given together the chance of no points is fairly small.

Customer:

Actually, it was a "traffic violation warning"

Dimitry K., Esq. :

In addition the past citation, even without points, can get the state to refuse to grant as favorable of a plea

Dimitry K., Esq. :

Ahh, a warning is different.

Customer:

Sorry

Dimitry K., Esq. :

No problem,

Customer:

The top of the paper says State of Maryland Traffic Violation Warning

Dimitry K., Esq. :

what you received just now or in the summer?

Customer:

In the summer, again sorry for the confusion.

Dimitry K., Esq. :

A 'warning' is generally not a citation, it is a request to refrain from certain behavior

Dimitry K., Esq. :

warnings do not carry fines, at least not usually.

Dimitry K., Esq. :

No problem

Customer:

Yea, I don't believe I paid a fine

Dimitry K., Esq. :

Then it's a non issue

Dimitry K., Esq. :

that helps with this situation.

Dimitry K., Esq. :

two concerns that I see

Dimitry K., Esq. :

1. two tickets at once. the state is less likely to grant both as no point violations

Dimitry K., Esq. :

2. your age. While potentially unfair, courts are typically harder on more youthful drivers as they are likely to see them as more inexperienced.

Customer:

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?

Customer:

So would a waiver trial be a complete waste in your honest opinion?

Dimitry K., Esq. :

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.

Dimitry K., Esq. :

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.

Dimitry K., Esq. :

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.

Customer:

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.

Customer:

Ok

Customer:

How long would this hearing typically take?

Dimitry K., Esq. :

The officers do try to put as many tickets onto a person as they can at times

Dimitry K., Esq. :

and that can include multiple tickets for one act

Customer:

Also, what would be the court costs associated with this in traffic court?

Dimitry K., Esq. :

if you were also going fast while doing so, he could have added speeding as well.

Dimitry K., Esq. :

court costs are typically under $50 for traffic offenses

Customer:

I was going 20-30 mphs, another reason I believe this is a stretch of a charge

Customer:

Seemed like a safe speed to merge

Dimitry K., Esq. :

the hearing would be quite quick--typically you would need to appear 30 minutes early

Customer:

Ok

Dimitry K., Esq. :

then the officer or prosecutor would find you and speak with you in private

Dimitry K., Esq. :

they would then offer you a deal

Dimitry K., Esq. :

which you can choose to take, and plead guilty, or fight it out

Customer:

The police offer can approach me prior to my hearing and offer me a deal?

Dimitry K., Esq. :

if you agree, you go to the judge, agree to plead guilty, and make arrangement for the ticket.

Dimitry K., Esq. :

yes, he can

Customer:

Why would he choose to do that? Sorry for the questions...

Dimitry K., Esq. :

efficiency mostly, and practical time constraints

Dimitry K., Esq. :

courts do not want to hear such cases

Dimitry K., Esq. :

wastes the court's time and the judge's time

Dimitry K., Esq. :

they would rather use the court to collect revenue (fines) then hear the whole case

Customer:

And the officer has power to drop one or both charges?

Dimitry K., Esq. :

you pleading guilty to something less would take 2 minutes

Dimitry K., Esq. :

hearing the case may tak 20-30...they want that time.

Customer:

I just don't want the points honestly.

Dimitry K., Esq. :

yes, he does.

Dimitry K., Esq. :

And yes, I figure this is less about fines and more about points.

Customer:

Is a waiver hearing in private or in front of a large crowd as well?

Dimitry K., Esq. :

private, usually.

Customer:

And you believe I'

Customer:

I'd be less successful with that?

Dimitry K., Esq. :

I suspect if you file for a PBJ, the state is less likely or willing to drop the points, at least all of them

Dimitry K., Esq. :

they can likely set aside one ticket and one set of points, not both

Dimitry K., Esq. :

I suspect at a hearing you would have greater success

Dimitry K., Esq. :

plus there is the chance the other party does not appear and you win by default

Customer:

Final question

Customer:

I can still file for a PBJ if during a hearing if the officer appears?

Dimitry K., Esq. :

I am sorry, I do not understand

Dimitry K., Esq. :

could you rephrase?

Customer:

Yea, sorry haha

Customer:

If I choose to go to trial and the officer shows, I can still file for a PBJ correct?

Dimitry K., Esq. :

If within the 30 day window, yes, but I suspect that you won't get a hearing date that quickly.

Customer:

so I can only file for the PBJ if my hearing is within a thirty day window

Dimitry K., Esq. :

right, which is highly unlikely

Dimitry K., Esq. :

typically it would take about 2 months or so to get it scheduled.

Customer:

Wow ok

Customer:

thanks for your time.

Customer:

I'm going to bed.

Customer:

Appreciate everything.

Dimitry K., Esq. :

Glad to help. And good luck to you, sorry that you got pulled over, and trust me, happens to us all.

Dimitry K., Esq. :

Glad to help.

Dimitry K., Esq.
Category: Traffic Law
Satisfied Customers: 41,221
Experience: Run my own practice.
Verified
Dimitry K., Esq. and 87 other Traffic Law Specialists are ready to help you
Ask your own question now
Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Traffic Law
Satisfied Customers: 41,221
41,221 Satisfied Customers
Experience: Run my own practice.

Dimitry K., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Ely

Ely

Attorney

561 satisfied customers

Private practice

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

41,221 satisfied customers

Run my own practice.

LawTalk

LawTalk

Attorney

359 satisfied customers

I have 30 years experience in the practice of law, including representation of clients in Traffic Court.

Marsha411JD

Marsha411JD

Lawyer

349 satisfied customers

Licensed Attorney with 29 yrs. exp. with Traffic Law issues

Tina

Tina

Attorney

234 satisfied customers

JD, 17 year experience including traffic law.

SoloLawyer

SoloLawyer

Attorney

173 satisfied customers

I help clients deal with traffic tickets on a weekly basis.

Barrister

Barrister

Attorney

158 satisfied customers

Attorney with over 17 years experience

< Previous | Next >

Related Traffic Law Questions
Received a speeding ticket violation VC22349()-I. Fine is
Received a speeding ticket violation VC22349(B)-I. Fine is $489 which I will pay. However, the notice I just received had the Traffic School box marked N/A. At the time if getting the ticket, the CHP … read more
LegalGems
LegalGems
Juris Doctorate
10,698 satisfied customers
I had my license suspended in 2015. I paid my fines in
I had my license suspended in 2015. I paid my fines in December 2017 and passed the drivers test. Now the state is telling me they are suspending it again because I paid my fine which admits guilt I h… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a 25 yr old trafic violation in Michigan the fine is
I have a 25 yr old trafic violation in Michigan the fine is 1500.00 and I have told them I would pay it. However the only way they will accept is if I go to MI. I live in TN , am 55 yrs old and becaus… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I'm fine and 55 yo. There's nothing wrong with me but my dr
I'm fine and 55 yo. There's nothing wrong with me but my dr took my lic because of a stroke. What can I do? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I recently received a fine for parking in a handicapped
Second opinion] Hi I recently received a fine for parking in a handicapped space while food shopping at night. The fine for a first offense is $250 and requires court appearance. In all honesty I did … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I recently received a fine for parking in a handicapped
Hi I recently received a fine for parking in a handicapped space while food shopping at night. The fine for a first offense is $250 and requires court appearance. In all honesty I did not know it was … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My daughter was cited for a rear end collision and fined
My daughter was cited for a rear end collision and fined 140.00 … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,779 satisfied customers
What is yhe amount of the fine for passing a stopped school
what is yhe amount of the fine for passing a stopped school bus … read more
Expert James
Expert James
Doctoral Degree
11,699 satisfied customers
How much is the fine for passing a school bus in texas.
how much is the fine for passing a school bus in texas … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,141 satisfied customers
Recently I am fined with traffic citation. Pennsylvania, no
Hi This is Thiru, recently I am fined with traffic citation … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
996 satisfied customers
In the state of Missouri, what is the fine/penalty range
In the state of Missouri, what is the fine/penalty range from the minimum to the maximum penalty for the following infractions: A. Driving the wrong way (driving against a "Wrong Way" or "One Way" sig… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,312 satisfied customers
Daughter received a double point and fine at 1 am going in a
daughter received a double point and fine at 1 am going in a rural area (on a highway). the officer says its a safety zone and thats why. Its confusing. she was going 44 in a 20. The speed limit enter… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
What's the fine/penalty range from the minimum to the
What's the fine/penalty range from the minimum to the maximum for driving the wrong way in Iowa? (To drive against a "Wrong Way" or "One Way" sign) Thank you.… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
It was NJ 87 mph in 65 zone. I understand that paying fine
It was NJ 87 mph in 65 zone. I understand that paying fine means conviction, 4 points in NJ and that that record will eventually pass to VA on my license. Question is: will the points and conviction for speeding transfer as such = 4 points + speeding conviction, or there will be a translation to VA laws - 6 points + reckless driving? … read more
Thelawman2
Thelawman2
Doctoral Degree
1,295 satisfied customers
I'd like to have some idea of the amount of the fine I will
I'd like to have some idea of the amount of the fine I will be given for having used an expired handicapped parking permit... … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,356 satisfied customers
If I decided to get a lawyer instead of just paying the fine
Hi. If I decided to get a lawyer instead of just paying the fine for my traffic offense, does the fine raise just because it went on the docket? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,141 satisfied customers
I have a traffic ticket in Rocky Mount, NC, with no fine
I have a traffic ticket in Rocky Mount, NC, with no fine listed on it, just a court citation. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
The illino0is tollway says I owe over 700 dollars for fines
the illino0is tollway says I owe over 700 dollars for fines way back in 2002 how can I get counsel to take care of this at that time I was going thru a divorce and the ex wife had gotten the vehicle t… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,157 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x