Legal Question in Traffic Law in Maryland

I was charge "ATTEMPT BY DRIVER TO ELUDE POLICE IN OFFICIAL POLICE VEH BY FAILING TO STOP" in 2006 but was later dismissed. Following is the court letter:

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NOTICE OF NOLLE PROSEQUI

In accordance with Maryland Rule 4-247, you are hereby notified that the State's Attorney has determined that the citation will not be prosecuted. The State's Attorney entered a Nolle Prosequi on XXX 2007 in the above referenced citation.

Charge: ATTEMPT BY DRIVER TO ELUDE POLICE IN OFFICIAL POLICE VEH BY FAILING TO STOP

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I am applying green card right now, and was asked "Have you ever been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance, excluding traffic violations?"

I planned to answer yes, because I think I was charged although later dismissed. However, my lawyer told me that the charge was a traffic violation, so the answer should be "NO".

Is my case really a traffic violation?


Asked on 3/07/12, 8:23 pm

1 Answer from Attorneys
William Welch William L. Welch, III Attorney

Check the top of the page on Case Search for whether it indicates "Traffic" or "Criminal." You indicated in your post that traffic matters are excluded from reporting. Even if it were included, nolle prosequi is the best outcome, because it means that the state dismissed the charge. Also, it has been more than five years.

To be certain, consult an immigration lawyer, instead of a traffic or criminal defense lawyer. Show him or her your documenation.

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Answered on 3/08/12, 9:17 am


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