Legal Question in Criminal Law in Maryland

MD trafic law-

My son got a ticket in Maryland for speeding aprox. 3-4 months ago. He went to court and was found guilty. He is 20 and on his provisional license. With a provisional license in the state of MD if you receive any driving conviction you need to go to a driving improvement course. He never did and his license was suspended. He was told by the officer that he had been driving for 2 months with the suspended license. He was issued 2 tickets. One ticket for driving on a suspended license and for driving with a suspend license holding a provisional license. Both tickets had marked MP ''must appear'' for court. The officer took his license, but allowed him to drive home, he says. His defense is he was never notified by the MVA or anyone that he had to take the drivers improvement course. I have checked with the Sheriffs office and I was told the MVA sent out at least 2 notices to our old address. My son lives with us. We moved 11 months ago and he never changed the address on his license. He has since taken the driver improvement course. He thinks nothing can happen. I don�t know, but I am very concerned with the must appear on his 2 tickets. Ca you please advise us on possible outcomes or what we should do. Thanks.


Asked on 10/22/08, 11:55 am

1 Answer from Attorneys
Jason Cleckner Law Office of Jason Cleckner, LLC

Re: MD trafic law-

He is facing a possible 1 year jail sentence, $1000 fine and 12 points. In Montgomery County, there is not much of a chance of jail time for a first offender, but with this situation most prosecutors will try to get him to plead guilty to Driving Suspended.

If he were to do this, he may get the 12 points, another suspension of his provisional, an additional 18 months provisional period, and potentially a revocation. Even if he got Probation before judgment, he would still be suspended.

It appears that he has a defense because the statute requires actual or constructive knowledge of the suspension. He should definitely get an attorney to handle this case and try to get it dismissed. I am available 24/7 if you want to call for a further consult.

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Answered on 10/22/08, 1:10 pm


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