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Adam M Smallow

Adam Smallow’s Answers

40 total

  • What evidence is given by the state for traffic tickets?

    So I was given a ticket for drag racing earlier this month and plan to request a trial. I have already talked to a lawyer and he told me he is confident that he would be able to get the charges dropped. The problem is that he didn't really ask me ...

    Adam’s Answer

    Typically, the only evidence the state presents at trial during non-incarcerable traffic hearings is the testimony of the police officer who issued the citation(s). That testimony is often enough evidence for the judge to find the defendant guilty. There are times when an experienced attorney may request additional evidence from the state, beyond an officer's testimony. I have handled plenty of drag race citations and, depending on the facts of each incident, they can be defensible.

    Good luck and I would advise seeking a consultation with a traffic attorney.

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  • What happens in a traffic ticket case when the opposing driver or witnesses do not show up for court?

    I have an upcoming trial where I was given four traffic citations. Everyone involved in the accident (the opposing driver and passengers in her car), my witness, the citing officer and myself are to appear in court. What would happen if either th...

    Adam’s Answer

    If you were cited by the officer who arrived on the scene after the accident and the actual witnesses to the accident fail to appear, than it is likely that the case will be dismissed for a lack of evidence. However, be careful, because some judges may not extend you the courtesy of dismissing it before you enter a plea. In that case, make sure you plead NOT GUILTY. Since the officer, if he is at trial, did not witness the accident, he will be unable to offer any substantive evidence. You should be found "not guilty" in that scenario.

    If just one witness shows up, the case goes to trial and that witness testifies very well, than it is possible for the judge to find you guilty. Because of all of these scenarios, tt is important to contact an attorney to discuss your options at trial. Good luck.

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  • GOT CAUGHT DRIVING ON A REVOKED LICENSE FOR THE 2ND TIME. AM I GOING TO JAIL?

    I DONT HAVE THE BEST TRAFFIC BACKGROUND

    Adam’s Answer

    Dear Sir/Madam:

    I would seriously recommend that you contact an experienced traffic attorney for a consultation. A lot of factors, including your driving record, determine whether the State will seek a period of incarceration. However, a traffic attorney can evaluate the strength of the State's case, which includes a careful review of the statement of charges and any other evidence, and advise you on the best manner in which to proceed at trial.

    There is also mitigation to be prepared by your lawyer, which can be presented to the court at the appropriate time and could decrease the severity of the disposition. Good luck,

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  • Maryland: 103 mph in 65 mph zone should you just pay it? first ticket 5 years driving exp. Ticket just for exceeding limit.

    This is a first time offense. And person didn't realize he was going that fast.

    Adam’s Answer

    Dear Sir/Madam:

    An experienced traffic defense attorney can assist you greatly in this matter. Certainly, this is a situation where a judge, at trial, is not going to pleased about the charge(s). However, a traffic lawyer can use pre-trial and trial tactics to potentially obtain a better than expected result. Good luck.

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  • Should I fight my seeding ticket in court?

    17 years old. Provisional license. Have already received a PBJ and attended Driver Improvement Pulled over for 52 in a 30. Cop pulled me a break and wrote me a 39 in a 30. Threatened me and said if i went to court he'd tell them how f...

    Adam’s Answer

    An experienced traffic defense attorney can assist you greatly in this matter. Unfortunately, as a provisionally-licensed driver, you face greater administrative (MVA) consequences than those individuals with regular licenses. However, an aggressive and knowledgeable attorney has trial tactics that could result in a better than expected disposition in court. Just because you were charged with speeding, doesn't mean you have to "fall on the sword" and plead guilty with an explanation. Good luck.

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  • Are cops allowed to stack DUI/DWI alcohol and drug charges against you for refusing to submit to a alcohol concentration test?

    I was pulled over for a headlight, was sober but cops smelled marijuana on just my jacket. searched car, didn't find anything and while waiting for a female personal to search my person randomly started asking questions about alcohol. I stated mu...

    Adam’s Answer

    Dear Sir/Madam:

    It is not unusual to be charged with three or four alcohol-related charges out of a single stop. Each charge is a separate charge under the Maryland Transportation Article even though the language, elements and penalties seem similar. You should contact an attorney immediately to discuss your charges, as an experienced traffic defense attorney can be of significant assistance in your case.

    Good luck.

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  • Does pleading "guilty with explanation" for driving without a license constitute a "poor driving record"?

    I was pulled over for a blown headlight and found out that my driver's license had expired. I recently moved and thought that changing my address with the post office was sufficient. I didn't realize that my license had expired until I was pulled ...

    Adam’s Answer

    Dear Sir/Madam:

    Neither of these charges carry points upon conviction. Although these charges are considered minor in terms of the traffic offense hierarchy, your concern indicates that this type of incident is probably an aberration in your driving history. You sound like a perfect candidate for a Probation Before Judgment disposition. In this result, the judge strikes the guilty finding and offers you probation and a fine. Good luck.

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  • I got a speeding ticket and repair order for tail light out.

    After giving the officer my reg card he returned with the infractions, but he put the wrong tag number on the ticket. Is this something I can defend in court?

    Adam’s Answer

    It is very unlikely that a minor defect in the charging document will provide a defense in court. In fact, there are very few defenses at speeding ticket trials. However, there are tactics that aggressive traffic defense firms can utilize in preparation of your case. Good luck.

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  • I received a speeding ticket for going 86 in a 65mph zone. I also received a warning before as well. How should I go about this?

    I already sent in my ticket and received my court date, I do not know what to do when I enter the court room and what will happen. Please help.

    Adam’s Answer

    On the morning (or afternoon) of your trial date, your case will be called at some point on the docket. When your case is called, you must step up to the Defendant's table. As long as you requested a trial (and not a "waiver trial"), you can plead guilty or not guilty. The majority of the cases result in "guilty with an explanation" pleas. If your driving record is clean for the last two or three years, your guilty plea will likely be stricken and you will be offered the benefit of a Probation Before Judgment. After this, no points will be assessed against your license and you will have to pay a small fine to the court. Good luck.

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  • 28 y/o driving alone on a MD learnpermit but ticket says driving w/o license/authorization. Is charge right?could i go to jail?

    I got pulled over for having suspended tags due to missing emissions. I have only a Maryland learners permit and i was driving alone. when i gave it to the officer I got a must appear ticket for "Driving motor veh on hwy w/o required license and ...

    Adam’s Answer

    The maximum potential penalty for driving without a license is a $500 fine and/or 60 days of incarceration. In addition, the Motor Vehicle Administration (MVA) will assess five (5) points on your license upon a guilty conviction of this offense.

    I suggest contacting an experienced traffic defense attorney for a free consultation. Good luck.

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