If it’s my first traffic violation, will the judge remove the points?
Before we answer this, there is something important to know. In Maryland, if it’s a payable ticket, then you have 30 days to either pay the fine or request a trial/hearing. If you don’t respond within this window, it can lead to an automatic driver’s license suspension.
Can you get the points removed? That will depend on a couple of things.
- Is it a payable ticket or a must appear?
- If speeding, then how fast were you going?
- Was there an accident involved?
- Were you polite with the officer?
Payable tickets verses a must appear citation.
A payable ticket in one where you can just send in money and you’re finished. You can tell if it’s a payable ticket by seeing if there’s a fine amount listed on the paperwork the officer gave you. If you have a clean record, then the court could grant you a probation before judgement (PBJ). A PBJ will keep your driving record clear. You will want to present your case to the court in a manner that will allow the court to grant you a PBJ. A skilled lawyer can assist with this.
If it’s a must appear citation, then there will be no payable fine listed. A must appear ticket usually means there is the possibility of jail time. If your must appear ticket is not too serious, then a first-time offender may not receive jail time. But, that’s not always the case. It’s best to have an experienced licensed lawyer represent you with any serious traffic ticket.
Were you speeding? If so, how fast were you going?
If you were traveling 9 MPH over the speed limit, your chances of getting the points removed are rather good. On the other hand, if you were traveling over 100 MPH, even if it’s your first ticket, then your chances of receiving a PBJ are going to be limited (but not impossible). In essence, the greater the speed, the less chance you have of receiving a PBJ. As a general rule, if you were traveling over 12 MPH beyond the limit, then you may want to consider hiring a Maryland traffic lawyer.
Was there an accident involved?
Being involved in an accident, even if it’s your first, will complicate the process. The judge is going to want to address a few things. Has the damage to the other person’s vehicle been paid? If there were injuries, was the victim compensated for their medical bills? Did the other person have any out-of-pocket expenses? Was there a deductible?
If there was an accident, you may want to seriously consider having a skilled lawyer represent you in court.
Will the police officer say you were polite and respectful?
This is a big one. I have seen many first-time defendants lose their PBJ due to the officer saying the driver was rude. Let me be clear. Politely telling the police officer that you didn’t think you were speeding is not rude. Many people say that. But, arguing with the officer, to the point where you are keeping them at your stop for a prolonged period of time, will not help your cause.
You need to tell your lawyer, before you hire them, if there was a problem with the stop. This way your attorney can properly evaluate your case and give you an accurate assessment.
Benefits of having a lawyer for your first-time traffic ticket charge…
- Lawyers know how to prepare you for a favorable result in court.
- Lawyers know how to negotiate with prosecutors/officers.
- Lawyers understand the law.
- Lawyers know when to settle and when to take a case to trial.