Silver Spring Traffic Attorney
If you’re facing serious legal issues regarding a traffic citation in Montgomery County, call a Silver Spring traffic citation lawyer with our firm. Operating throughout the DMV area, our Maryland traffic attorneys have experience handling traffic citations throughout the state of Maryland and are here to help clients in need. Call our law offices today to connect with one of our Silver Spring traffic citation attorneys and conduct your initial consultation, which is completely free of cost.
What is a Traffic Citation in Silver Spring?
Maryland rewrote its traffic laws in 2011 (effective in 2012). Two prominent changes involved the punishments for speeding and the manner in which traffic courts handle the way all traffic violations are tried [Maryland Transportation Code Section 26–201]. This is one of the several reasons why those who are ticketed for any moving violation should confer with a Silver Spring traffic citation lawyer before entering a plea.
Today, if you are charged with any traffic violation, you must request a trial. No longer will a court date be set for you. Failing to do so within 30 days means an automatic guilty verdict.
There are several “must appear” offenses, which means you must show up in court and cannot simply pay the fine before your court date. If you are facing one of these charges, a Silver Spring traffic citation attorney can represent you in court. These offenses include:
- Driving without a license [Section 16–101] – This violation applies to drivers who have no license, or if theirs has been suspended or revoked. Penalties can be as much as 60 days in jail, a $500 fine, and five DMV points. If your license has already been suspended, additional time is added to the waiting period before you can reapply. And those without a license or those who have had theirs revoked must wait longer before they can apply for one.
- Fleeing and eluding [Section 21-904] – This offense brings a jail sentence of up to a year, a fine of $1,000, and eight MVA points for a first offense. Subsequent convictions can bring a 10-year prison sentence. This charge can also be brought for leaving an accident scene.
- Driving without insurance [Section 17-107] – The maximum penalty is a year in jail, a $1,000 fine, and five DMV points.
Do I Just Pay the Ticket or Fight It?
It depends on the offense, how many DMV points the offense brings, and how many you may already have. If you’re in danger of jail time or large fines, or if the points from your offense might expose you to a license suspension, you should fight hard to avoid a guilty verdict. Here’s where you can benefit from the help of a Silver Spring traffic citation lawyer.
Appealing a Moving Violation in Silver Spring
You have three plea options when you receive a moving violation: guilty, guilty with explanation, and not guilty. If you wish to plead guilty with explanation, (meaning you wish to offer a plausible reason) a waiver hearing before a judge must be requested. There, you will offer your explanation. The judge will then decide on an appropriate sentence. This could involve a reduction in fines, points, or even Probation Before Judgment.
There are other reasons to consider fighting the ticket. By keeping convictions off your record, you can continue to pay reasonable vehicle insurance rates. And if you hold a commercial driver’s license, a clean record means you won’t run the risk of having it suspended for the next few months. Losing that license could harm your livelihood.
Those convicted of traffic violations have the right to appeal the verdict. They also have the right to request a reconsideration of their sentence. If the former, you have 30 days to file your appeal. But if you wish to have your sentence reconsidered, you can take as long as 90 days before filing a motion to reconsider. Discuss the merits of an either option with an experienced Silver Spring traffic citation lawyer.