Legal Question in Traffic Law in Maryland

I got pulled over because I accidently swerved into a lane of a undercover cop. Once I felt my car swerving, I quickly realigned my car. When she first came to the window she accused me of talking on the phone. I told her I was not and my arm was resting on the center console and slipped therefore causing me to serve. I also told her I had been proping my head because I did not feel well and was on the way. She came back and did not mention anything about the phone nor why I got pulled over. On the ticket it said for failure to drive right of center. I admitted what happened but I still feel as though it was unfair because she based my whole bad driving on being on a cell phone and almost causing her to wreck. I am thinking of going to court for this or do you think that would be a waste of time? Sorry if this is a silly question.


Asked on 4/05/10, 11:42 am

3 Answers from Attorneys
Jed Sorokin-Altmann Law Office of Jed Sorokin-Altmann

Unfortunately, given that you admitted to the officer that you did indeed fail to stay in your lane, going to court may be a waste of your time and cause you to have to pay court costs on top of the ticket.

Even if at the time the officer pulled you over, she thought you were on a cell phone when in fact you weren't, she still had cause to pull you over for not driving right of center.

All of that said, it's hard giving a full answer without meeting someone or talking to them on the phone, even for relatively minor traffic matters. This is general advice, no attorney-client relationship has attached or privilege invoked. (Sorry-I hate having to write disclaimers as much as you must hate reading them.)

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Answered on 4/10/10, 11:54 am
Jason Cleckner Law Office of Jason Cleckner, LLC

If this case is in PG County, and you have time to waste, going to Court is not usually a bad idea. Because even if you have a bad driving record, and get a bad judge, and the officer is in Court, you can just step outside and pay the fine. With no court costs. And also, the officer may not show up. They may have lost their ticket book or otherwise may forget the required facts. And even if she is there and proves you guilty, if you have a good driving record, the judge will likely give you a Probation Before Judgment (no points) or at least reduce your fine if you explain the circumstances. This is a 1 point ticket. And if the cop isn't there, plead Not Guilty!

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Answered on 4/10/10, 12:24 pm
William Welch William L. Welch, III Attorney

Whether to exercise your rights is up to you. Unless the points could cost you your license, it's probably not worth the cost of an attorney. However, many people proceed pro se in non-jailable traffic cases.

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Answered on 4/10/10, 2:09 pm


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