Legal Question in Traffic Law in Maryland

A police officer ran my license plate while I was parked in a parking lot ( I was not pulled over for any violations) and found that my driver's license was suspended. He informed me that my license was suspended and that he had to take it because the license was no longer a valid form of ID. I explained to him that I was unaware of the suspension. He verified my statement against my record which stated that the Maryland MVA had sent a notification of suspension via certified mail and it was also noted on my record that the MVA receieved the notification back because it was not signed for by the receipiant (me). I realize that I must render my license for the time period of the suspension, however I don't understand why I now have to go to court for the citation of driving on a suspended license when I was never made award of the suspension.


Asked on 9/07/09, 1:54 pm

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

The officer should not have charged you unless he witnessed you driving or attempting to drive a motor vehicle. If you were only parked, they may not have the evidence to begin with. However, anyone can be charged with any crime at any time, whether or not they are truly guilty. That's why we have a court system, judges, juries, etc. to hear cases. Notice of suspension is an issue for trial, and only if the officer felt very sympathetic would he/she have not written the ticket.You may want to consider bringing a lawyer to court who is knowledgeable about the MD Traffic Code.

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Answered on 9/12/09, 2:29 pm
William Welch William L. Welch, III Attorney

Actual lack of knowledge is not a defense, but there are other defenses to this charge.

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Answered on 9/12/09, 2:35 pm


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