Legal Question in Traffic Law in Maryland

Running a red light / DWI

I was pulled over for running a red light. I admitted to consumption of 2 drinks earlier in the night and after breathalyzer was shown to have BAC over the .08 legal limit. I am an adult but not of legal drinking age and was written a ticket for running a red light and was told not to appear in court. Two officers were present at the time in separate cars. My car was towed and I was driven home by one of the officers, the one who did not write me a ticket. This is my first traffic violation and I otherwise have a clean record and am an upstanding citizen.

My question is if I appear in court can I be prosecuted for DWI/DUI after the fact, despite the fact that I was written a red light ticket? Can I receive a harsher penalty than I have already received by appearing in court? Do both officers have to be present in court or just one?

Should I appear in court or pay the fine and accept the points?


Asked on 2/22/03, 4:45 pm

1 Answer from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Running a red light / DWI

You cannot be convicted of a crime unless charged. From what you say you have not been charged for DWI/DUI. This is not to say that you could not be charged at a later date, simply that you have not been charged to date and may not be charged.

Your facts show the potential for a common misunderstanding. It is not clear whether you took a field sobriety check or a breathalyzer test. There is a big distinction between these two tests and the applicability of each in accordance with law.

As for the red light ticket, you should strongly consider facing trial. You should consider the assistance of an attorney. When attending trial, you face a possibility of a higher fine but the points cannot be raised. You may also have to pay nominal court costs. There are specific questions that may need to be asked of the officer who may attend the trial as well as things that should be done to protect your interest in the event that the officer does not show on the court date.

Many people consider hiring an attorney for traffic offenses as irrelevant. If you are versed with court procedure and substantive aspects of traffic offenses then this may be true. But even despite this, an attorney can provide assistance as a third party who can negotiate in your behalf, seek mitigation, and assert reasons that a judge may take into consideration upon conviction and thereby lower the penalty.

G. Joseph Holthaus III

(410) 799-9002

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Answered on 2/22/03, 9:49 pm


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