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DC resident ticketed for MD's move over law- should I pay the fine, request a waiver hearing, or request a trial?
Anonymous8 views3 answers
An officer had someone pulled over, I drove by in lane next to them, and he pulled me over and issued a citation for failing to change lanes or slow to a reasonable speed. DC does not have this law. I had 2-3 points on my MD license before becoming a DC resident, for accidentally driving the wrong way down a one way street (just for about ten feet!) My DC driving record shows zero points, but I'm afraid that if I get two points on my DC license for this, my insurance company will see both the points from my MD and DC records (total of 4-5 points), and raise my rates. What should I do? If I go to trial, do I need to be accompanied by a lawyer? Any recommendations on what to say to the judge?
Scott R. ScherrCar / Auto Accident LawyerLutherville, MD ·
In Maryland, this is a one point ticket (since it was not an accident) if you pay it or are convicted. If you have a D.C. license, the conviction would likely appear on your D.C. record, but no points would be assessed. You would need to speak with a D.C. lawyer to be sure.
You can request a trial date within 30 days of the ticket. You need to request a trial and not a waiver hearing. (A waiver hearing admits guilt and the officer does not need to appear). If the officer does not appear, you will be acquitted. If the officer appears, there could be a trial. Ignorance of the law is not an excuse. If you are convicted, the judge could offer you probation before judgment which strikes the conviction and keeps your record clean.
I do not know what D.C. insurance companies do with Maryland convictions.
This is a relatively new law in Maryland. There are affirmative defenses (e.g. you could not safely change lanes due to other vehicles on the road). I strongly recommend that you contest the ticket. If your driving record is clean, the worst case scenario is a Probation Before Judgment (PBJ), which will not result in any points.
Hire counsel. P ut this behind you. And drive safely!
You should almost always request a trial date. You should never request a waiver hearing, because you want to force the cop to show up in Court. Maryland also has Probation Before Judgment, which means if you are convicted, but given PBJ, DC wouldn't even find out about this. And it's always a good idea to get an experienced lawyer, because we know the judges and can help navigate into a better situation.
