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Scott R. Scherr

Scott Scherr’s Answers

4,662 total

  • Driving with an international license in Maryland

    I'm an international student in Maryland, and I was once pulled over by a police and went to a court because of driving without a valid license (even I actually brought my international driver license with me). But the end of the story is that my ...

    Scott’s Answer

    You should renew your Maryland license. Police consistently charge people with international licenses for driving without a license. You do not need the hassle of going to court again and fighting the issue. You can check with the MVA, but they may very well tell you that you need a Maryland license.

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  • Pulled over for driving without a license in MD. Charge TA16101 A 3 prior traffic violations. What should I expect?

    the 3 prior violations were for the same the thing driving w/o a license

    Scott’s Answer

    You should hire an attorney to represent you in connection with the case. If you cannot afford a private attorney, you should contact the Public Defender as soon as possible and no later than 10 business days before the court date.

    There is a good chance you could be sent to jail given the prior offenses. You should attempt to get your license before court if at all possible.

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  • If you have 2 DUI's 8 years ago in PA, move to MD and get a third, do they add up even though 5 years have passed?

    I'm getting so many contradicting facts I don't know what to believe. Thank you!

    Scott’s Answer

    The judge will be able to see the two prior Pennsylvania offenses. You need an attorney to represent you since jail is likely given the prior offenses. You also face a suspension of your driver's license and a very short time period to fight it. You may be eligible for a restricted license for work and alcohol treatment depending on the test results.

    You should discuss with your attorney an appropriate treatment program.

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  • What should I do when someone is threatening me and my family with text messages

    Last year I sold a car to someone on craigslist and after 20 days the car broke down and she sued me and took me to court and I won the case. After that she texted me once a while that she will never give up and will get her money back. this i...

    Scott’s Answer

    You could file for a Peace Order if you are truly concerned for your safety. There are time deadlines to file for a Peace Order and I do not know if those facts would be sufficient.

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  • Can I file a civil suit for damages caused by a person filing false charges against me?

    I was falsely arrested due to my property manager wanting me out of her property. She had been harassing and stalking my family for months. Even entering my apartment with her key without permission or notice. Police have been called numerous time...

    Scott’s Answer

    You can sue for torts such as malicious prosecution, defamation, etc. Malicious prosecution requires that all charges be resolved in your favor which means an acquittal or the charges being dropped. You should be aware that defamation only has a one year statute of limitations.

    You should consult with an attorney that handles such cases. If your criminal charges are pending, you should retain an attorney to defend the case.

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  • How can they charge me with conspiracy when it's not in my discovery packet

    I have two codefendants in there discovery packet they both were charge with conspiracy but I wasn't but now I'm charge with conspiracy how is that

    Scott’s Answer

    You should discuss this with an attorney in a confidential setting. If you have been charged with conspiracy, there should be allegations to support the charge in the Statement of Charges. Do not post any more details on AVVO since this is a public forum and anything you post can be used against you. Discuss your case with an attorney in a confidential setting.

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  • Is it legal for a police officer to issue tickets based on hearsay?

    My husband was issued driving citations based on what a women told a police officer. A women claims that my husband had hit her car while in the parking lot of a convince store. When the officer showed up my husband was coming out of a house. Upon...

    Scott’s Answer

    Yes, it is legal. A police officer can issue citations without seeing the offense. At trial, the State's Attorney will need to call witnesses and present evidence to prove your husband was driving the car and committed the offenses. The State will need to call the woman as a witness if the police officer did not see it.

    Your husband should retain an attorney to represent him or contact the Public Defender as soon as possible and no later than 10 business days before the court date. This is a serious traffic violation that carries possible jail time and points.

    He should also turn the matter over to his insurance company. If he was not involved in the accident, he should tell them that.

    The police will look for paint transfer between the vehicles. He should take pictures of his vehicle to show that there is no damage if his vehicle was not involved.

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  • Can I be convicted of theft over $1000 solely on written accusation?

    I have been charged with theft over $1000. I am accused of taking money out of friends account with atm card. The state picked up charges. Can I be convicted on written statements alone? Don't I have right to face and question the accuser?

    Scott’s Answer

    The State's Attorney would have to prove your guilt beyond a reasonable doubt through witnesses and evidence. Hire an attorney to defend the charge or contact the Public Defender as soon as possible and no later than 10 business days before the court date.

    All ATM machines have cameras so there should be a photograph of the withdraw.

    This is a felony so be prepared to fight this.

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  • How can one have fine waived for inadvertent lapse of vehicle insurance in Maryland?

    My vehicle insurance inadvertently lapsed for a period of a couple of weeks. Received notice from Maryland MVA. Situation has been straightened out with GEICO, and I am current and in good standing, etc. How may I avoid, or have waived, any...

    Scott’s Answer

    There are limited circumstances where you can get the fines waived and they are listed below. Absent these circumstances, they will not budge. You would have to show that the car was not operated during the time period because of mechanical issues or something along those lines.

    COMAR provides:

    02 Adjustment of Penalty Assessment.

    The penalty may be adjusted in the following situations, upon presentation of:

    A. Written verification from a licensed insurance company that the insurance company has erred;

    B. Written verification from a licensed insurance company that the vehicle was insured during the entire period in question;

    C. A certified statement and evidence acceptable to the Administration from the vehicle owner that the vehicle:

    (1) Was not operated during the period of lapse;

    (2) Was not involved in an accident or collision during the period of lapse;

    (3) Was not issued a citation during the period of lapse; and

    (4) Had no prior insurance lapse; or

    D. Written verification from the Maryland Insurance Administration that the vehicle owner, with good intent to be insured, paid the proper premiums to an insurance agent, insurance broker, or insurance company, who failed to provide motor vehicle liability insurance.

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  • MVA hearing compelled Ignition Interlock in May. July trial ruled "Nolle Prosequi." Can MVA reverse their hasty ruling? How?

    Stopped by police 12/19/15 for tail light violation. Need restrictions removed to drive employer's vehicle for work.

    Scott’s Answer

    Probably not. If you were ordered to use the ignition interlock because of a refusal or you blew .15 or above, then the MVA can take action against your license regardless of what happens with the DUI charges. The MVA hearing is a civil proceeding with a lower standard of proof (more likely than not as opposed to beyond a reasonable doubt). The issues are more limited at the MVA hearing and hearsay is allowed unlike the DUI case.

    The judge at the MVA hearing had the ability to allow you to drive the employer's vehicle without the interlock. You would need to have asked for the judge to allow you to do so which would require evidence that you needed to drive the company vehicle.

    The only way you might be able to reverse the interlock would be if the interlock was ordered because of a DUI conviction and then you appealed it and the charges were dropped on appeal or you were acquitted.

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