Legal Question in Traffic Law in Maryland

I just got a speeding ticket going 85 in a 65. The circumstances were that I was in the left (fast) lane on a highway with an aggressive driver on my rear. To my right was a tight line of cars and feeling pressured and having no way to get over quickly, I sped up to get out of the lane and let the guy behind me go. The first car of the line to my right was an unmarked policeman who pulled me over as I was trying to change lanes.

The ticket he issued was for 85 in a 65 with a penalty of $290 and 5 points. The ticket gives me three options:

1. Pay it, which admits guilt and I pay the $290 and take on 5 hefty points

2. Guilty with an Explanation - In which case I send in the ticket without payment and wait for the court to contact me. NOTE: I am unfamiliar with this option

3. Do nothing and wait for a court date and plead my case.

So, my question is, which of the last two options will result in the greatest reduction of points and fine? I currently have no points and although I hate to spend hundreds of dollars, the points on my license are the greater concern than the fine since it impacts my car insurance for years to come.

I'd love to think that somehow I could go to court and get this dismissed, but is that even realistic? If in addition to my explanation, are there rehabilitative driving classes or something I can take to reduce or eliminate points?

It's been many years since I had a ticket and as I recall pleading "guilty with an explanation," was a common thing. If the net result of taking option two is the same as having to go through taking a day off work, etc., I'd just as soon do that and not go through all that in court. However, if you advise that I may have a chance at a greater reduction in points and/or fine by showing up in court and explaining what I've explained above, I'll take your advice. Is there anyway to present all this and ask for driver rehab or something that could possibly have the judge order that and let me out of the points all together? Last, I assume there really isn't a need to have a lawyer in court is there?

Thank you


Asked on 11/27/09, 3:23 pm

2 Answers from Attorneys
William Welch William L. Welch, III Attorney

I'm not trying to be coy, but the answer to your questions is it depends. It would probably be easier to answer them on the telephone. I do not charge for an initial consultation. We cannot post telephone numbers. Follow the links until you can e-mail or call me directly.

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Answered on 12/02/09, 3:30 pm
Bill Wood Law Office of William C. Wood, LLC

If you wait for a trial date and plan to appear in court, there is always a possibility that the officer will not show up. If that happens, you plead not guilty and the case will be dismissed.

If you have a clean driving record, you will likely be offered probation before judgment if you plead guilty with or without explanation, which means that there would be no points assessed. You would be assessed a fine.

To be pro-active, you can complete a driver improvement course prior to the court date. The MVA maintains a list of providers on their website. Having an attorney is not a necessity. However, an attorney may appear on your behalf with you having to go to court. That option may save you money in the long run in lost wages, vacation hours, etc.

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Answered on 12/02/09, 3:34 pm


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