Okay I am a 18 year old Male Maryland resident.
My first ticket (Early 2012) I plead guilty to speeding 15 over and later had to attend a drivers improvement class.
My second ticket (Late 2012) I plead guilty 16 over and my license was suspended for 30 days.
Today I got a ticket for going 70 in a 50.
I believe if I am convicted I will lose my license for 180 days.
That cant happen. Im starting my life and entering the work force and need to get on my feet.
Mom and dad are out of the picture and I don't have anyone for advice.
I have a couple of questions and any advice is greatly appreciated.
Do I need lawyer?
Am I eligible for probation before judgement even though I have a provisional license and it is my 3rd offense?
If the judge drops the points will I still lose my license?
If you have a provisional license, a third conviction or probation before judgment will result in an MVA notice that your license will be suspended for 180 days. The MVA will treat a PBJ the same as a conviction for the suspension when you have a provisional so a PBJ will not prevent the suspension. Moreover, if you received a PBJ for one of the prior tickets, you are not eligible for a PBJ when you go to court. If you get a conviction or a PBJ, it starts the 18 month waiting period over again.
You should request a trial date on the speeding ticket. You have to request a trial date within 30 days of getting the citation. You should consider getting an attorney to defend you on the ticket. Make sure you request a trial date and not a waiver hearing.
If you are convicted or get a PBJ and the MVA sends you a suspension letter for 180 days, you can request a hearing before an Administrative Law Judge. There is a $150.00 filing fee. You should consider getting an attorney for the hearing. The ALJ can modify the suspension to allow you to drive to work and school, can reduce the suspension, or take whatever action he thinks is just. An attorney would know how to handle such a hearing if it gets to that point.
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.
Six months with no driving privileges for an individual in your position is obviously a difficult penalty to face. As mentioned, you should retain an attorney and not simply accept this outcome. In Arizona (and probably Maryland as well), Officers can often amend citations to other sections of the traffic code. Here, there are specific statutes that are not reportable to our motor vehicle division. An attorney may be able to negotiate an amendment to a non-moving violation that does not impact your provisional license.
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