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Should I just pay the fine for exceeding the maximum speed: 70 mph in a posted 50 mph zone?

Street, MD |

I received a ticket for going 70 mph in a posted 50 mph zone. The fine is $160, but I'm not sure how many points it would be considered. I don't know if I should request a hearing, but I'm not sure I would have a legitimate excuse.

I have researched a little about PBJ, and I was wondering how I would go about that.

Attorney Answers 3


  1. If you are licensed in Maryland, this would be a 2 point ticket. The way the law is written, as long as you are driving above the speed limit, you are guilty if speeding - regardless of reason or excuse.

    That said, there are a host of technical defenses to speeding tickets that might lead to a Nit Guilty. Beyond that, even if a Judge finds sufficient evidence to find you guilty of speeding, you might be granted what is called Ptobation Before Judgment (commonly called a "PBJ"). A judge will typically want to see 3-5+ years of a clean driving record & that you were polite and cooperative with the police officer.

    No matter what, I always recommend that you request a trial. You can always plead guilty, but why relieved the State of the burden of proof?


  2. This is a two point ticket. It will likely cause your insurance rates to go up if you pay it. Definitely go to court. Make sure that you request a trial date within 30 days so that your license will not be suspended. If you go to court, the officer might not appear, you might get probation before judgment which would keep the points off your record, or the judge could reduce your speed so that it is only a one point ticket.

    Office: 410-821-2910; e-mail: sscherr@fslawoffice.com. 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. An attorney-client relationship is not established with me until a retainer agreement is signed and/or a retainer or fee is paid. If you wish to schedule a consultation, you may contact me at 410-821-2910 or e-mail me at sscherr@fslawoffice.com. 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. General rule, if you pay the ticket you admit guilt and will also get the points along with the fine you are paying. What is important to remember is you are INNOCENT until proven guilty. It is the job of the State, in this case the officer, to offer into evidence the necessary information concerning this citation. There happens to be case law and precedent that must be followed and an experienced attorney will know exactly what must be said at a trial. NEVER make the job easy for the State. Retain an attorney to represent you in this matter and show the court you are serious when you appear.

    In addition, an attorney will guide you and ascertain what would be important to offer in mitigation, should that State's case be solid and offered correctly.

    If you are concerned about points, about your insurance premiums and about your license status, you need an attorney. I would be happy to assist you in this matter. Please feel free to contact me at 301-455-9513, anytime, to discuss this matter.

    Very best,
    Seth

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