Legal Question in Criminal Law in Maryland

Traffic Court and jurisdiction?

Hello. I have a question regarding the type of law practised in traffic court. Since the Contitution list 3 types of law, being, common, equity, and admiralty law. Common law must demand that a "corpus delecti" ? , or injured party put forth a claim. Equity law is civil. Admiralty law is by international contracts, or contractual. Now , a traffic ticket typically states that you are being charged with a crime. That eliminates equity law. Since, no injured party can be brought forth, that eliminates common law. And since, there is no contractual agreement to be presented as evidence, that eliminates Admiralty law. So what type of law is the traffic court? Does it fall under the Uniform Commercial Code? How can I force the court to dismiss a traffic charge, since it can not prove juristiction over me?

Your answer would be greatly appreciated and I look forward to hearing from you soon. Thank you.


Asked on 5/05/98, 1:12 pm

1 Answer from Attorneys

Traffic Court/Jurisdiction

Some traffic offenses are jailable. Others onlyinvolve one receiving a fine and points. TrafficCourt has jurisdiction over you by virtue of statutorylaw [laws passed by our State legislature] andby the pertinent provisions contained in ourState Constitution [The Maryland Declarationof Rights].

Jurisdiction is often defined as the power ofthe court to decide your case. Jurisdictionalso involves the court's power over the "person"and the power of "one's property interests."

If, for example, an Anne Arundel County officerstopped you in Howard County and gave you a citation;then, the officer would be outside the territorialjurisdiction. There are exceptions however:If you were fleeing and he was in "hot pursuit",then his police powers would automaticallyextend into Howard County.

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Answered on 5/24/98, 8:34 am


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