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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?

Frederick, MD |

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.

I'm also 17 on provisionals

Attorney Answers 5

  1. Best answer

    Hopefully you requested a trial. If the officer does not show up, the charge will be dropped. You should consider hiring an attorney to review possible defenses and in general prepare you for the court date. A guilty finding will results in points and an increase in your insurance. A guilty finding could also result in a suspension of your license depending on how many points, if any, you already have.

  2. If the officer is not there, plead not guilty. If the officer is present, tell the judge about your driving record and ask the judge to give you probation before judgment which will keep the points off your record.

    This is a 5 point ticket. At the very least, the judge will likely reduce the speed to make it a 1 or 2 point ticket.

    This answer is being given for general informational purposes only and is not protected by the attorney-client privilege since this is a public forum. The information provided does not create an attorney-client relationship. No communications with me on this forum shall be construed as arising out of an attorney-client relationship. If a client needs specific legal advice or opinions, he or she should retain counsel for advice or to undertake representation.

  3. I am not a MD lawyer and cannot comment on matters of MD law or procedure.

    But, I can tell you that in Florida, where I have been a practicing criminal defense attorney for 22+ years, that if you were cited here I would strongly urge you NOT to play attorney and instead to spend the whomping $49-$99 on a local ticket defense lawyer. Again, I'm in FL but if I were a betting man then I'd wager that in MD, just as in FL, local ticket lawyers know the rules, the laws, the procedures, the judges and even the cops. Its not rocket science so pretty much any of them should be able to handle the matter more competently and more efficiently than you (with all due respect).

    All that said, again I am not a MD lawyer and you are best advised to find a Frederick, MD area traffic ticket defense lawyer, engage in a meaningful consultation and get yourself some advise which is legally sound and has been custom tailored to meet your needs in your case.

    I hope that this has been helpful and wish you the best of luck!

    First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)

  4. 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.

  5. Plead not guilty and see what the officer has to say. Hopefully you've read McCarthy on Cross and are an expert at examining an officer. Then, get very lucky. Keep in mind that even if you get a PBJ, you will still face a suspension from MVA (if this is a 2nd or subsequent violation) or be required to do driver improvement (if this is a 1st violation). If it is a 2nd, DEFINITELY request an MVA hearing when you get mailed notice of impending suspension.

    Nothing posted by Mr. Cleckner on Avvo or in response to an Avvo question or request is intended to be considered legal advice or an attorney-client relationship. For actual legal advice, please contact an attorney for a (usually free) in-depth consultation where your entire situation can be evaluated.

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