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Traffic

Traffic Citation Fact Intro
Pleading “Guilty” & Paying the fine

Guilty with an Explanation
 Appearing for Trial
Failure to appear for trial
 Appeals
 Address change
 Postponements
 Traffic records(Certified)

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Pleas and Verdicts
Explanation


Red Light and Speed Monitoring Citations

Traffic violations from LexisNexis
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Traffic Citation Fact Sheet
There are two types of traffic violations in Maryland, payable and “must appear.”“Must appear” violations, such as driving while under the influence of alcohol or drugs or driving on a suspended license are not covered in this fact sheet. For more information about “must appear” traffic offenses, contact the District Court location nearest you.

Payable traffic violations for example, a speeding ticket or failing to stop for a school bus are those you may choose to plead “guilty” to and pay a fine without appearing in court. You have a payable violation when the officer checks the second box under “Notice to Appear” on your citation. Payable traffic violations are not punishable by jail time.

When you are charged with a payable traffic offense, the officer will give you two copies of your citation. The white copy (Return to Court Copy) is to be mailed to the court when you decide how you will respond to the citation. The blue copy (Defendant’s Copy) is for your own files. Read the front and back of your citation carefully and make sure the identifying information on the citation is correct.

You have three options when confronted with a payable traffic citation paying the fine, appearing for trial, or pleading “guilty with an explanation” and appearing for a hearing. If you choose not to pay the fine, you will be required to appear in person to dispose of your case.
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Pleading “Guilty” & Paying the fine
If you choose to plead “guilty,” pay the fine noted on the front of your citation. A guilty plea results in the charge becoming a part of your driving record. The Maryland Motor Vehicle Administration (MVA) may assess points on your license. Having points on your license may increase your insurance premiums.
The number of points assessed is determined by the MVA, not by the District Court. For information on the MVA, visit their website at http://www.mva.maryland.gov/

If you do not pay the fine, the court will automatically schedule a trial date. It may take several weeks for a trial date to be scheduled.
There are several ways to pay the fine. Having your citation number available will help expedite the process.
• To pay online, visit the Online Payment Website at: http://www.paymentchek.com/MD/MarylandCourt/
(A non-refundable convenience fee applies.)
• Visit the District Court location nearest you and pay the fine at the cashier’s office. If you choose to pay with a credit card, a service charge will be added to your fine.
• Mail your check or money order to the District Court Traffic Processing Center in the envelope attached to the citation. To ensure proper credit, please include the citation number on your payment and mail it to:
District Court Traffic Processing Center
PO Box 6676
Annapolis, MD 21401
• Call the District Court’s Interactive Voice Response (IVR) system at
1-800-492-2656. The system will provide directions to court locations and other information. The IVR system also accepts credit card payments for traffic citations, through Visa, Master Card, Discover, and American Express. Your credit card company will assess a service charge for each citation when you pay by phone.
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Appearing for Trial

If you choose to appear for trial, simply wait for your trial notice. Anyone who does not pay a traffic citation within 15 days of its receipt is automatically scheduled for trial. It may take several weeks for a trial date to be scheduled. If you do not receive a trial date within six weeks, contact the District Court in the county in which you received the ticket.

If your addresses changes after you receive your ticket but before you receive notice of your court date, notify the Court immediately by sending a letter to the Court in the jurisdiction where you received the ticket. The post office will not forward Court mail, and updating your address with MVA does not update your address with the Court. (The District Court is unable to conduct official court business through e-mail.)

If you have witnesses that can support your case, you are responsible for alerting them to the date, time, and location of your trial. You have the right to retain legal counsel for the proceeding. If after receiving a trial notice you decide you would rather pay the citation than appear for trial, you may pay the fine at any time up to your court date to avoid trial.
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If you wish to request a change in the trial date, you must write the court before your trial date with an explanation of the circumstances that require the change and include any supporting documentation. Your request is not automatically granted; it is up to a judge to determine whether to change your trial date.

If you do not pay your citation, it is extremely important that you appear in court on your trial.

If you fail to appear for trial, the MVA will be notified and will take action to suspend your license. Driving on a suspended license is a criminal offense for which you can receive jail time.

At your trial, the officer who issued your ticket will testify, and you will have an opportunity to present your side of the case. After hearing both sides, the judge will render a decision. You have the right to an appeal within 30 days of your trial date, if you are found guilty. There are non-refundable court costs for filing an appeal.
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Requesting a Hearing to Plead “Guilty with an Explanation”
If you choose to plead guilty and would like to request that your fine be reduced or waived or that you be given probation rather than a conviction, sign and date back of the Return to Court copy of the citation. Check the “Waiver Enclosed” box on the return envelope and mail it to the District Court Traffic Processing Center at:
PO Box 6676
Annapolis, MD 21401

The court will automatically schedule a hearing date before a judge. This hearing is not a trial. The officer who ticketed you and any witnesses will not be present.

The hearing presents you with an opportunity to explain to the judge why you committed the offense and request that your fine be reduced or waived or ask that you be given probation rather than a conviction because of extenuating circumstances. Lowering your fine is at the discretion of the judge. There is a possibility that your fine could be increased, up to a maximum of $500. If the judge renders a guilty verdict, you have the right to an appeal. There are non-refundable court costs for filing an appeal. (A "probation before judgment" cannot be appealed.)

For more information, please contact a clerk at the District Court of Maryland location nearest you.
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Certified Records
The Motor Vehicle Authority handles driving records. However, to obtain certified records of traffic citations, copies of tickets, charging documents, etc. contact:
District Court Traffic Processing Center at:
Telephone: 1 800-492-2656 or 410 260-1093

Red Light and Speed Monitoring Citations
How and where do I file a complaint against red light or speed monitoring traffic cameras?
The red light and speed monitoring cameras are installed and/or operated at the expense and direction of the locality or municipality or, if on a state highway, by the Department of State Police. Complaints about the location or operation of these cameras should be sent to the address on the citation. In most cases this is the address of the police agency.

Will I be assessed points if found guilty of a red light or speed monitoring camera citation?
As stated on the red light and speed monitoring citations: "Payment of the penalty amount for the violation will not result in points and cannot be used to increase your insurance rates."

How do these red light and speed monitoring cameras work?
Various vendors manufacture the cameras used in red light and speed monitoring traffic programs. For information on how these cameras operate, contact the local police department in the municipality where the camera is located.

Pleas
What are the different pleas?
In District Court cases you may plead "guilty" or "not guilty." There is no plea of "innocent."
A guilty plea results in the charge becoming a part of your record. In the case of a traffic ticket, The Maryland Motor Vehicle Administration (MVA) may assess points on your license.

In traffic cases, you may plead "guilty with an explanation" and appear for a hearing. The hearing presents you with an opportunity to explain to the judge why you committed the offense and request that your fine be reduced or waived or ask that you be given probation rather than a conviction because of extenuating circumstances. Lowering your fine is at the discretion of the judge. There is a possibility that your fine could be increased, up to a maximum of $500. If the judge renders a guilty verdict, you have the right to an appeal. There are non-refundable court costs for filing an appeal.

If you wish to plead "not guilty," you must appear for a hearing.

Verdicts

When a verdict is rendered— either by a jury or judge—the actual decision is either “guilty” or “not guilty.” There is no finding of “innocent.” However, a defendant, if found "not guilty", can be described as having been acquitted. If there is a finding of "not guilty", it simply reflects the fact that the prosecution failed to prove guilt beyond a reasonable doubt.

Common resolutions of cases other than by findings of "not guilty" and "guilty" include:

Nolle Pros. The State opts to end the prosecution and dismisses the charge.

Stet. A suspension of the prosecution. The State may reopen the case without the need for the defendant to be recharged. A case may be reopened because of the defendant’s arrest on additional charges or his/her failure to live up to some agreed-to-condition within a reasonable time after the entry of the stet.

PBJ-Probation before judgment. This is a common resolution in many District Court trials. The defendant is found guilty or pleads guilty. However, the final entry of judgment is technically suspended. This gives the defendant an opportunity to request expungement of his record upon successful completion of the conditions or probation.

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