Legal Question in Traffic Law in Maryland

I got a speeding ticket in January 2009. My trial date was scheduled April 10, 2009. I wanted to postpone the trial. I was told that I had to make a "deposit for a new trial date". This didn't sound right to me and I asked 4 different people about it and was told I had to do it that way. I gave the district court a check for $80 on April 7, 2009. I was told this was for a new date and that I was NOT pleading "guilty". I wrote on the check "deposit for a new date." The receipt I received reads "Penalty Dep". I received a notice from my insurance company that I was losing my good driver discount because of the ticket. I went to DMV and confirmed this. I have a "Notice of Trial Date" from the district court for November 3, 2009. Is this a violation of my rights to be "guilty" before my trial. Can I get my driving record cleared?


Asked on 10/16/09, 12:45 pm

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

It is strange that you had to post a collateral deposit to postpone the case. That typically only happens when you miss court, and then attempt to reschedule for trial. Regarding the points/conviction, I could be wrong, but I don't believe that the Court computer is able to see a difference between posting collateral and pleading guilty, therefore, it transmits a guilty finding to the MVA. Then, you must go to Court and defend yourself.

What will happen, however, is if you are acquitted in Court or receive Probation Before Judgment, the ticket will be removed from your record. It should happen automatically, but you may want to file an expungement (forms available at MVA) to make sure, if you are acquitted. And if you receive PBJ, you MAY be able to ask your insurance company to check again once the ticket is removed from your regular driving record, and they MAY reinstate your discount.

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Answered on 10/21/09, 1:42 pm
William Welch William L. Welch, III Attorney

Get a complete certified copy of your file before you expunge it, because there will be no way for your to get the file thereafter if you need it.

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Answered on 10/21/09, 3:08 pm

As a general rule, $80.00 court cost is for an appeal from the district court to the circuit court. Verify your case is in the district court. If not, and it is in the circuit court, then you do have a conviction. Consult with a criminal trial lawyer.

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Answered on 10/21/09, 3:19 pm


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