Legal Question in Traffic Law in Maryland

Re: provisional license 17year old stopped& ticketed for not carrying his licens

Probation before judgment is at the judge's discretion. Typically a pleading of guilty is made and

then the judge decides whether he/she will grant a PBJ and the terms thereto. If you plead not guilty, a PBJ cannot issue.

When pleading not guilty, a finding will be made by the judge as to innocence or guilt. If guilt is found, a PBJ can (that is, it "may") issue or a guilty determination may

then be entered onto the docket. Thus, there are two ways to get to a PBJ (i) through a pleading of guilty or (ii) through a finding by the judge as to guilt. In no circumstance is the judge required to give a PBJ.

Then there is the pleading of "no contest" which can lead to a PBJ. Some judges do not like this pleading and may find you guilty without giving a PBJ, other judges may find differently.

Then of course you may confess guilt by following the instructions on the back of the ticket. All of the above is then not applicable. The fine and a entry of conviction will be made onto your record.

With younger drivers, some judges try to make sure they understand that driving is a privilege. Where the evidence supports, they may find you guilty even with a clean record and not give a PBJ so that you learn from the experience.

If you are looking for a cook book answer as to how to deal with this matter, there simply is none. What is best for you is based upon how things occur and it is not possible to predict exactly what will happen in your circumstance.

If you are unsure as to how you should procede and what is your best option (when such is presented in court or otherwise), you may be better served by acquiring the service of an attorney to represent you at trial.

The bottom line is that much of your answer lies in the particular judge, State's Attorney, police officer, and how the docket is running on the specific day of trial.

G. Joseph Holthaus

(410) 799-9002