Legal Question in Traffic Law in Maryland

Accident with a Trooper

In residential area, Trooper ran a red light. I attempted to stop but hit his driver's side back tire and scrapped the back of his car. I looked at my light to ensure it was green. It was. The intersection was empty of vehicles because they were all waiting at the light. A city officer claimed that I ran the light. I think he speculated without actually seeing the accident. I was ticketed for ''failure to obey a traffic device''. I don't want to plead guilty. I've been told to use ''probation before judgement''. That may remove the ticket and points but my insurance will still have to pay for his vehicle. Is there any way to get past this? Is Probation before judgement a ''no plea'' agreement? Any recommendations? Also, I would like a copy of the witness statement but the Trooper's office will not hand it over. I did get a copy of the accident report and it reads ''strange'' In other words, it states that the officer hit me. How he hit me with his back tire I'll never know. Thanks.


Asked on 6/20/07, 8:44 am

2 Answers from Attorneys

Accident with a Trooper

You should not plead guilty to something you are not. Probation before judgment is not a plea, but a finding of guilt which is then stricken. A lawyer will get a copy of the witness statement.

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Answered on 6/21/07, 6:59 pm
Jason Cleckner Law Office of Jason Cleckner, LLC

Re: Accident with a Trooper

Probation Before Judgment can be granted (and thus the entry of guilt stayed) after a guilty plea, a no contest plea, a not guilty agreed statement of facts plea, or after a guilty finding after a trial. No contest may or may not be accepted by the judge, but if it is accepted it is not an admission of guilt. But the judge will only grant PBJ at his discretion and if your driving record is exceptionally clean.

This situation may call for hiring an experienced traffic defense attorney to have the best shot at avoiding the unwanted insurance consequences.

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Answered on 6/20/07, 8:52 pm


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