Legal Question in Traffic Law in Maryland

Duped on a speeding ticket?

I recently went to court to beat a speeding ticket, in which I was guilty. I know in Maryland, if the officer who issued the ticket fails to appear, the case is dismissed. There were only two officers in the courtroom, and the one I assumed to be mine left before my name was called. The officer then took his place upon my hearing, but I know for a fact that this was NOT my issuing officer. Is that legal? If not, is there anyway to appeal that after the fact?


Asked on 7/07/09, 1:17 pm

2 Answers from Attorneys
Jason Cleckner Law Office of Jason Cleckner, LLC

Re: Duped on a speeding ticket?

If you did not get a probation before judgment (which requires an appeal waiver) you have 30 days to appeal.

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Answered on 7/07/09, 1:23 pm
William Welch William L. Welch, III Attorney

Re: Duped on a speeding ticket?

You may appeal to circuit court from a guilty finding in district court within 30 days. However, the correct officer may appear in circuit court, and the other officer's conduct in district court will not be relevant.

Your ticket should indicate who issued it. It would have made for interesting cross-examination in the district court, if the testifying officer did not issue the ticket.

Be sure that issuing officer is not present. However, beware that if the other officer witnessed the traffic violaton, then the other officer may testify to what he observed. Witnesses do lie and they play games too. The police are human beings and no exception, but be careful how you tread. In some courts the judge would take offense that someone would even suggest this type of behavior by officers.

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Answered on 7/07/09, 1:32 pm


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