Legal Question in Traffic Law in Maryland

Can a driver be held responsible (in regards to a traffic fine) for a passenger over the age of 18 not wearing a seatbelt? If not, what is the appropriate Traffic Code or Case Law for reference? Again, if not, can this be dealt with by a Motion to Dismiss or is it proper to only address this in open court?


Asked on 8/20/09, 11:30 pm

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

Transportation Article 22-412.3 could be interpreted yes or no. On one hand the age requirements in the statute appear to indicate that a driver is responsible for passengers who are 16 and younger. On the other hand a person who is over 16 cannot commit the offense of being a passenger unless there is a driver. Further research would be required to find out whether there are any court opinions which have interpreted this statute.

Typically, Maryland courts have a hearing before ruling on motions to dismiss.

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Answered on 8/26/09, 9:55 am


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