Legal Question in Traffic Law in Maryland

Speeding Ticket Trial Without Prosecutor Case Law

I just wanted to know what case law I can cite in violation to my 14th amendment for due process in a speeding ticket trial without a prosecutor.


Asked on 9/13/04, 10:18 pm

2 Answers from Attorneys

Alan Albin Alan S. Albin, Attorney at Law

Re: Speeding Ticket Trial Without Prosecutor Case Law

I have appeared in court on behalf of traffic ticket defendants when the charges have been presented by the police officer, with no prosecutor present. I have objected for the record based on the fact that the police officer should not be allowed to serve both as a witness (i.e. because he wrote the ticket) and as the prosecuting official. However, it is impossible to advise you concerning whether and how you should specifically object, and on what grounds, without a chance to review the specific facts of your case, and without being retained as your attorney for that purpose. Please be advised that you may have other defenses which can result in an acquittal or at least a reduction of charges or a lesser fine/sentence, but you do need to retain an attorney to determine your legal rights, obligations, and options.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

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Answered on 9/14/04, 7:41 am
Dominic Fleming Dominic J. Fleming Trial Lawyer

Re: Speeding Ticket Trial Without Prosecutor Case Law

your only probable cause argument is that you were not provided notice and a hearing. If your ticket lists the speed limit, location, & the speed you were supposed to be travelling, and you're given a trial date there are no due process arguments. You may be able to fight the validity of the mechanism (radar, laser, etc.) that measured your speed. My fee for tickets in the Baltimore area is $200.00. 410-659-7661

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Answered on 9/15/04, 3:08 pm


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