Legal Question in Traffic Law in Maryland

Different amounts for different speeds?

I was wondering if in the statre of Maryland if there is a scale of some sorts to determine how much a fine would be for how many miles over the limit a person is going? If there is a site I can find this information, please let me know, because I got a ticket and it was for 20 miles over the cop said he was shooting radar, however it was on the top of his car and he was fooling around in his trunk and when I got close enough (pulled over) I saw the radar was facing the shoulder and not traffic. If I had been goin 5 miles would I still have gotten a 140 dollar fine, or is there something ''written'' about how much can be charged? Also is this something that is solely up to the cop?

Thank you,

Sherry


Asked on 9/03/05, 3:33 pm

1 Answer from Attorneys

A.P. Pishevar The Pishevar Law Firm, P.C.

Re: Different amounts for different speeds?

A speeding ticket can have a big impact on your Maryland Driver's License, your insurance expenses and your pocket book in general. The pre-paid fine amount on the face of your ticket is set administratively. The maximum fine is $500. The fine, though, is usually the least of your worries. What you want to protect the most is your Record.

There are many ways to effectively defend a traffic ticket. I cut my teeth as a trial lawyer by doing loads of these traffic tickets for Pre-Paid Legal many moons ago.

You mentioned Radar. Well I don't believe they use Radar any longer. I believe you may have meant Laser. The stationary Laser is is used like a gun. There is a cross-hair where they aim it at a particular vehicle and obtain the speed. These units have their issues, but they are counted as accurate in Court. The legal battle ground is elsewhere. The officer must come to court with proper required documentation under the Fitzwater v. Maryland case. The officer must prove beyond a reasonable doubt ALL the elements of the offense charged just like any other criminal case. Usually, the problems are with showing competence of the Laser Operator (Training Card/Certificate) and the proper operation of the Laser Unit (Valid up-to-date Calibration certificate). The unit # must be documented and match the unit # on the calibration certificate. SO the field notes, if any must be examined by the cross-examiner. These are things that lay-people who try to defend themselves don't know to ask, so the trial just flies by with the defendant oblivious to what really happened in Court or more importantly, what could have happened. You need a lawyer to properly defend yourself in court, unless you go to law school and teach yourself these things. I don't think the Court could give you a long-enough continuance for that. So do it the easy way, hire a good lawyer who knows what he/she is doing. My offices can be reached by calling (301) 279-8773, to make an appointment. I bid you good luck & success. -AP Pishevar, Esq.

Read more
Answered on 9/04/05, 8:02 am


Related Questions & Answers

More Traffic Law questions and answers in Maryland