Transportation is one of the most heavily regulated systems of government and as a result there are hundreds of different laws governing how people can move from place to place on state roads. When most people think of traffic violations, they think of tickets that carry fines and points, but there are over 50 laws in the Maryland Transportation Code that provide a potential jail sentence upon a finding of guilt. These potential punishments range from 60 days in jail for common offenses such as failure to remain at the scene of an accident that results in property damage and driving without a license to 10 years in prison for leaving the scene of an accident involving death or fleeing and eluding an officer that results in death. While 10-year traffic violations are rare, there are dozens of traffic laws that provide significant punishments of one year in jail or more.
Traffic violations that carry a jail sentence are typically heard in the District Courts of Maryland during the serious traffic docket. Serious traffic cases also include mandatory appearance citations such as the (h) version of driving on a suspended license. In some counties the serious traffic docket is mixed with the criminal docket, but rarely with the minor or payable traffic docket. Payable citations typically have their own docket without prosecutors from the State’s Attorney’s Office. In some smaller counties such as Allegany County, the minor traffic docket is just called right before the criminal/serious traffic docket. Complex traffic matters that involve multiple witnesses and injuries or death are almost exclusively handled in the circuit court. In these cases, the State’s Attorney’s Office will file a criminal information and the defendant will likely never appear in a district court.
If you are issued a citation for a serious traffic offense in Maryland, you will be summonsed to appear in court. Trial dates are typically set 30-90 days after the traffic stop. It is important to keep your address current, as the courts will not try to track you down to make sure you show up to court. Anyone who misses court for a serious traffic matter will likely end up with a bench warrant and be forced to address it by filing a motion to recall the warrant. If the motion is not filed or is denied the defendant will have no other option but to turn him or herself in at the jail, police station or District Court Commissioner’s Office.
Benjamin Herbst is an experienced Maryland traffic lawyer who handles all citations in the transportation code. He has successfully represented hundreds of clients in DUI, leaving the scene of an accident and suspended license cases. He also specializes in representing out-of-state clients and juvenile defendants. If you missed court and have a bench warrant Benjamin is standing by to file a motion to recall the warrant. He can also appear at your bail review on short notice if you are arrested before a motion can be filed. Anyone who is arrested for a traffic offense has a good chance of being released within a few hours by a District Court Commissioner at his or her initial appearance. Benjamin can participate in this initial appearance and argue for your release. Contact Benjamin at 410-207-2598 anytime to discuss your citations.