Legal Question in Traffic Law in Maryland
Denial of due process, due to evidence not being seen
I would like to know if I should/can appeal a district court judgment based on the fact that the judge in my case refused to see my evidence, which provided proof that the city was at fault for not following red light photo enforced guidelines. The judge heard a 1-2 minute oral argument from me, and refused to look at any videos/pictures that I had brought to court with me stating that ''he didn't have time''. Is this a denial of my due process, since he looked at photo evidence in the favor of the state? Thanks in advance.
2 Answers from Attorneys
Re: Denial of due process, due to evidence not being seen
You should definitely consider hiring a lawyer to handle this case. The ticket that was issued likely carries a lot of points on your daughter's license, and if it was not her fault, a lawyer can navigate the system to protect her.
I would consider contacting the State's Attorney's office in the county where this incident occured, because they may charge the co-worker with theft.
Also, you could possibly make an attempt to sue in the District Court's small claims court for attorneys fees/damages.
Re: Denial of due process, due to evidence not being seen
Pardon my mistake on the previous reply. I accidentally posted an answer that was a reply to a different question.
But regarding your case, you should definitely consider appealing this case to the Circuit Court. But you should know that if you lose, the court costs are much higher than District Court, and the judge can impose any amount up to the maximum fine ($500.00).
You may contact me if you have any questions.
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