Legal Question in Traffic Law in Maryland

Traffic Tickets/ Search and Seizure procedure

I was pulled over for doing 73 in a 55 and during my traffic stop the officer smelled marijuana. After he questioned me about it I voluntarily turned over everything I had. None the less, I was arrested and charged with possesion of marijuana, as well as possesion of paraphenalia. After my release, I examined my documents and discovered that along with the Defendant's copy of the speeding ticket, I also received the court's copy of the ticket. I was wondering if this could get me off on the ticket. I was also wondering if I get off on the ticket, if that makes the marijuana charges invalid because without the traffic stop, there is no search and seizure. If anyone has any information that can help me, please let me know.


Asked on 5/12/03, 12:14 pm

2 Answers from Attorneys

Re: Traffic Tickets/ Search and Seizure procedure

You should have received two parts to your ticket. If the officer gave you the Court copy, rather than a correct one for you, it will make no difference as he will give your second copy to the Court. You have two copies because one is for you to send in if you want to plead guilty. The second copy is for your records. A possession of drugs conviction will cost you a lot more in the long run than the cost of a lawyer. I suggest that a lawyer can raise issues about the search that you don't know exist.

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Answered on 5/12/03, 8:58 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Traffic Tickets/ Search and Seizure procedure

The officer's copy is all that counts. Your arrest raises several questions and you should consider hiring an attorney. Service of process is required for a criminal trial. Contact me if you require representation.

Joe Holthaus

(410) 799-9002

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Answered on 5/12/03, 9:11 pm


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