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Maryland
Motion to Dismiss Traffic Citation

Maryland Motion to Dismiss Traffic Citation

Category:

Criminal - Motions

State:

Multi-State

Control #:

US-03341BG

Format:

Instant download

Description

It is important to understand exactly what the prosecutor will have to prove should you take the ticket to trial. You can start by looking up the citation statute or ordinance number located on the face of your ticket. Every traffic infraction can be broken down into what lawyers call elements: things that must all be proven in order for a judge to find you guilty. Two elements are:

" Where you were ticketed; and
" Your unlawful action, such as going 50 MPH in a 30 MPH zone.

The prosecution will have to prove each element of the infraction.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out Motion To Dismiss Traffic Citation?

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FAQ

#1 ? Dispute the Evidence Just because a police officer thinks he or she saw you break the traffic law, does not automatically mean you did. Often the first step is making the government jump through the appropriate hoops by demanding evidence and showing you are committed to proving your evidence.

In a waiver hearing you can ask the judge to reduce or waive your fine. You can also ask the court to give you probation instead of a conviction. There is a possibility that your fine could be increased, up to a maximum of $500.

Most traffic violations are misdemeanors and carry a penalty of sixty days in jail and/or a $500 fine. For traffic infractions, penalties never include any jail time. Minor traffic offenses in Maryland are misdemeanors. For example, going 10 miles over the speed limit.

By pleading not guilty, you will avail yourself of the opportunity to receive a negotiation concerning the issued charge. Therefore, in most instances, it is recommended that you plead not guilty upon receiving a traffic citation. Speeding cases are fairly technical in nature.

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 request and appear for a trial where the officer and any witnesses will be present.

Most traffic offenses are subject to a one-year statute of limitations. The only exceptions are automobile manslaughter, homicide while under the influence of alcohol, and homicide while impaired by alcohol. Those offenses carry a three-year statute of limitations.

If you think you are not guilty of the offense, the only way you can challenge the ticket is to go to court. Even if you don't have a defense, the ticket may get dismissed if the officers or witnesses don't show up.

The citation will likely appear on your driving record. If the violation has ?points? as part of the penalty, the points will also appear on your Maryland driving record. Under certain circumstances, minor traffic violations can trigger suspensions of your driving license/privilege.

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