Legal Question in Traffic Law in Maryland

an officer pulled me over, said i did a "roling stop' at stop sign. had me sign the citation, but never gave it to me. a week later it arrived in the mail. i requested a hearing. 1st time the officer 'no show". judge rescheduled 2nd hearing, officer 'no show' 2nd time. now this judge said they will reschedule 3rd time. each time i said not guilty. what are my rights? can't i request a dismissal? i keep missing work & school for this, jeopardizing my job.


Asked on 4/24/12, 12:27 pm

2 Answers from Attorneys

Scott Athen, Esquire Law Offices of Scott C. Athen, P.C.

Absent "good cause", the Judge should have dismissed the case on the first trial date, but certainly on the second. You do have a right to speedy trial, but the State typically has one (1) year to do so. You need to affirmatively assert your speedy trial right with the court. If missing work and school are an issue, an attorney can go to court for you.

You should definitely speak with an attorney well-versed in traffic defense.

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Answered on 4/24/12, 12:36 pm
Jason Cleckner Law Office of Jason Cleckner, LLC

This must be in Hagerstown, where Constitutions go to die. If so, call me, and I'd be happy to discuss your options. Also, that is improper service, they can't mail a citation to you.

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Answered on 4/24/12, 12:43 pm


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