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Bertha Venation

(21,484 posts)
Thu Jan 7, 2016, 08:47 AM Jan 2016

Have you been to traffic court in MD - specifically, PG County?

I'm contesting a ticket I got as a result of a hair-raising wreck on the beltway. The driver of the 18-wheeler that hit me said that I made an "unsafe lane change" and hit him. Bullshit. And I can demonstrate why it's bullshit.

Because we each blamed the other, we each got tickets. I'm not admitting to something I didn't do, so I'm going to court. "State of Maryland vs Bertha Venation." Don't you love it? (Maybe I'll go in drag. My court date's not until late next month; I have time to contact my drag king friends and go shopping. . . .)

I'm hoping someone reading this has been to traffic court in Maryland, but especially in PG County. I have no idea what to expect, and I would like very much to have some idea, however small. I've never been in traffic court in CA, my native home, either.

Even if you've been to traffic court in any other state, I think anything you can tell me would be helpful. Thanks.

9 replies = new reply since forum marked as read
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Have you been to traffic court in MD - specifically, PG County? (Original Post) Bertha Venation Jan 2016 OP
Are you an attorney? Maybe you should consult one. MADem Jan 2016 #1
Get an attorney. Most people don't do well COLGATE4 Jan 2016 #2
Was it the cop or the truck driver who signed the ticket? Hoppy Jan 2016 #3
Good luck! Will look into it. elleng Jan 2016 #4
Just heard from my son-in-law: elleng Jan 2016 #5
Thank you, Ellen. Bertha Venation Jan 2016 #6
Will do. elleng Jan 2016 #7
A couple of months after we move to Ohio, my wife and madinmaryland Jan 2016 #8
Damn, mad. Bertha Venation Jan 2016 #9

MADem

(135,425 posts)
1. Are you an attorney? Maybe you should consult one.
Thu Jan 7, 2016, 08:57 AM
Jan 2016

Good luck. I dodged a bad ticket in a MA traffic court before a magistrate, but I had help.

COLGATE4

(14,732 posts)
2. Get an attorney. Most people don't do well
Thu Jan 7, 2016, 09:39 AM
Jan 2016

in an unfamiliar situation like court, as well as not knowing the rules. If you're serious about contesting the ticket get professional help. It's well worth it.

 

Hoppy

(3,595 posts)
3. Was it the cop or the truck driver who signed the ticket?
Thu Jan 7, 2016, 09:48 AM
Jan 2016

You go to an "arraignment" where you meet with the prosecutor. There, you will be offered a plea bargain. You can mount your "bullshit" argument with the prosecutor and you may get a dismissal right there.

If not, continue with the prosecutor.

Ask for the cop's written statement or deposition of the incident which caused him to write the summons. Also ask for copies of his notes from the incident. You probably won't get it. At trial, ask for a dismissal for refusal to provide such description.

If it goes to trial, ask where he was at the time of the accident. Object to his testimony as he wasn't a witness.



You must also apply a positive defense. That means. "I was driving safely, below the speed limit and obeyed all traffic controls and regulations prior to the accident."

Write these things down and bring them with you as you are likely to be nervous at the court house and will forget stuff.

Logon to National Motorists Association. Their website has good stuff.

I am not a lawyer. This is not to be construed as legal advice nor legal representation. This information is based on representing my employer in municipal courts and winning many of the cases for him.

elleng

(130,908 posts)
4. Good luck! Will look into it.
Thu Jan 7, 2016, 12:29 PM
Jan 2016

A friend has been, several times, in MontGo County (and son law is a deputy sheriff in PG, but I don't think has done much if any 'traffic' work.) My friend has been successful, I think largely due to calmly pleading a rational case.

elleng

(130,908 posts)
5. Just heard from my son-in-law:
Fri Jan 8, 2016, 05:22 PM
Jan 2016

Honestly depends on what judge is in the room on that day. She does not need an attorney for a traffic case. If the judge is not receptive she can ask for a trial.

madinmaryland

(64,933 posts)
8. A couple of months after we move to Ohio, my wife and
Mon Jan 11, 2016, 10:00 PM
Jan 2016

daughter were driving back to Ohio, when they got turned around in Columbus. Our daughter was driving (with only a permit), made a left turn onto the highway, and got t-boned by another driver coming towards her. She was ok, but my wife ended up with three fractures in her pelvis. Our daughter was cited for illegal turning. She was 16 at the time.

We ended up going to court in January in Columbus (over an hour away) with no lawyer, and pleaded not guilty to the court. The Asst DA badgered us to plead guilty and move on, but we chose not to. As it turned out, the cop did not show up (apparently he had broken a leg a few weeks back - haha), and my wife was still able to make it there (with a little bit of diludid). The judge reamed out the asst DA, and we walked out with an apology from the judge!

I would definitely fight it, though you might want to speak to an attorney just for some advice. Since it is PG County, you probably will have a good chance of getting it dropped. Just plead not guilty, and don't listen to the BS from the prosectutor who is probably a flunky who just got admitted to the bar after barely making it through law school.

Good luck.

BTW, I am not an attorney.

Bertha Venation

(21,484 posts)
9. Damn, mad.
Tue Jan 12, 2016, 08:32 AM
Jan 2016

I'm so sorry to hear of this wreck. Did your wife recover fully? Is your daughter ok with driving?

Why would I have a chance of having it dropped specifically because it's PG County?

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