2 tickets for no pass zone violation

[shrestha]

What is the name of your state (only U.S. law)? Maryland

City: Ocean City

Road Condition: The road had a partation for two way traffic with double yellow lines. The speed limit was 30mph.

Scenario: There was a car in front of me going at 20mph so I overtook it. Immediately a cop car pulled me over. I knew I made a mistake, so complied with the officer's 'orders'. Later he came up to me with two tickets. 1st Ticket: 21-301(a) Failure to drive right of center ($90 fine) and 2nd Ticket(Hand written): 21307(b) Passing in No Passing Zone painted line ($90 fine).

My question: Can either one of these tickets be contested because either one seems redundent? Should I take this matter to court to get one of the tickets dismissed?

Thank you and I will definitely appreciate any advice.

 

[OHRoadwarrior]

I would hire a lawyer and argue the citations are redundant. One is a must drive right, the other a cannot drive left.

21-307 (b) Driving on left prohibited - In general.- Except as provided in subsection (d) of this section, where signs or markings defining a no-passing zone are placed as provided in subsection (a) of this section, a driver may not drive on the left side of the roadway within the no-passing zone.

21-301 (a) (a) General rule.- On every roadway that is wide enough, a vehicle shall be driven on the right half of the roadway, except:

(1) While overtaking and passing another vehicle going in the same direction, under the rules governing this movement;

(2) Where there is an obstruction that makes it necessary to drive to the left of the center of the highway, but the driver of any vehicle doing so shall yield the right-of-way to any other vehicle that is traveling in the proper direction on the unobstructed part of the highway and is so near as to be an immediate danger;

(3) On a roadway that is divided into three or more clearly marked lanes for vehicular traffic, subject to the rules applicable to these roadways;

(4) On a roadway designated and signposted for one-way traffic; or

(5) On a roadway that is marked or signposted in a manner indicating that a contrary rule exists.

 

[sandyclaus]

I would hire a lawyer and argue the citations are redundant. One is a must drive right, the other a cannot drive left.

I'm going to disagree.

I would argue that while the one ticket was "must drive right", the 2nd ticket was not only a consequence of failing to follow the first rule, but an additional action of passing in a no-passing zone, which in itself was also illegal.

 

[OHRoadwarrior]

I would have thought the same thing Sandy. That is why I read the entire statute, before providing my analysis. Perhaps a member has run across a case of this in MD.

I'm going to disagree.

I would argue that while the one ticket was "must drive right", the 2nd ticket was not only a consequence of failing to follow the first rule, but an additional action of passing in a no-passing zone, which in itself was also illegal.

 

[FlyingRon]

The driving to the right says you can go to the left to pass [legally]! Technically he's guilty of both, but I think if he can get a mitigation hearing the judge will pitch one of the two.

 

[RedemptionMan]

yeah they can combine one of the other together and get one conviction with a double fine. Either way the officer could have written only one ticket but since he wrote two the fines will essentially double for the convicted charge that sticks.

 

[shrestha]

Thank you all for helping me out.

My additional info is that I didn't drive too long on the left lane. All I did was overtake the front car and move back to the right lane immediately. Forgive me if I don't understand any legal talk going on here. However, I do understand that looking at it technically, I did break both the rules. I also understand the officer could have just given me one ticket with doubled fine and charges but that wasn't the case. The ticket 'Failure to drive on right of center' is what's bothering me. It's like saying 'one' is a number and a word.

I can't afford a lawyer and hope to represent myself if I do go to court. Could someone please be kind enough to give me a simple advice on whether I should go to court, and if I do go to court what are the steps I need to follow?

Thank you.

 

[RedemptionMan]

Thank you all for helping me out.

My additional info is that I didn't drive too long on the left lane. All I did was overtake the front car and move back to the right lane immediately. Forgive me if I don't understand any legal talk going on here. However, I do understand that looking at it technically, I did break both the rules. I also understand the officer could have just given me one ticket with doubled fine and charges but that wasn't the case. The ticket 'Failure to drive on right of center' is what's bothering me. It's like saying 'one' is a number and a word.

I can't afford a lawyer and hope to represent myself if I do go to court. Could someone please be kind enough to give me a simple advice on whether I should go to court, and if I do go to court what are the steps I need to follow?

Thank you.

You broke the law and got cited for it, I would say that you should just pay the tickets. If you do not want them on your record then you will need to hire a lawyer. He could have written you one ticket with both violations listed but he did not and wrote you two. Usually that is the case when they want to add points to you DL for it. How many tickets are on your record now? If you only had one ticket and no other tickets on your record then you could ask for civil penalty, pay the fine, and not have it on your record. The two tickets makes it more difficult, if you want to handle it your self then I would call the prosecutor and ask them if they could combine (merge) the tickets into one charge that you could pay a higher fine on and get 1 year traffic court probation. If that does not work then you will really need to hire an attorney, if you can not afford to pay one or do not want to hire one then expect both tickets and their points to go on your record. If you go before the judge by your self then expect to have both tickets to go on your record and have to pay the corresponding fines.

The officer you had was nice to you, and I am sure if you talked to him some more he could have found more things to charge you with.

Good Luck....

 

[shrestha]

You broke the law and got cited for it, I would say that you should just pay the tickets. If you do not want them on your record then you will need to hire a lawyer. He could have written you one ticket with both violations listed but he did not and wrote you two. Usually that is the case when they want to add points to you DL for it. How many tickets are on your record now? If you only had one ticket and no other tickets on your record then you could ask for civil penalty, pay the fine, and not have it on your record. The two tickets makes it more difficult, if you want to handle it your self then I would call the prosecutor and ask them if they could combine (merge) the tickets into one charge that you could pay a higher fine on and get 1 year traffic court probation. If that does not work then you will really need to hire an attorney, if you can not afford to pay one or do not want to hire one then expect both tickets and their points to go on your record. If you go before the judge by your self then expect to have both tickets to go on your record and have to pay the corresponding fines.

The officer you had was nice to you, and I am sure if you talked to him some more he could have found more things to charge you with.

Good Luck....

Up to now since I got my DL, I received one ticket in December 2010 'reckless driving'. That time I slid on ice and rear ended a car. And also while the police was writing me a ticket, another car made 360 spin on the same spot. I could have gone to court for that ticket too but I was traveling out of USA and had no alternative but to pay the fine.

Back to the present case, do you think I can still call the prosecutor and ask for the merge? Also, I'm on a deferred prosecution and informal probation for possession till August 2012. Based on this new info, what's your advice for the current tickets? I appreciate your help. Thanks.

 

[OHRoadwarrior]

"Calling the prosecutor" is usually not an option, though you can try. What you are likely needing to do, is appear for the first hearing and enter pleas of not guilty on both charges. You will likely by approached by the prosecutor prior to your plea or can seek them out at that time. Express your willingness to plead guilty to one in exchange for dropping the second. I would present the argument as I did, that one ticket is a must drive right and the other a cannot drive left. Have copies of the statutes with you, with the appropriate segments highlighted. If the prosecutor will not deal, I would continue to plead not guilty on both and make the same argument later to the court in trial.

 

[RedemptionMan]

Up to now since I got my DL, I received one ticket in December 2010 'reckless driving'. That time I slid on ice and rear ended a car. And also while the police was writing me a ticket, another car made 360 spin on the same spot. I could have gone to court for that ticket too but I was traveling out of USA and had no alternative but to pay the fine.

Back to the present case, do you think I can still call the prosecutor and ask for the merge? Also, I'm on a deferred prosecution and informal probation for possession till August 2012. Based on this new info, what's your advice for the current tickets? I appreciate your help. Thanks.

So, you have a record and they are trying to add more things to it. Which is what they do, if you have other things on your record. You can try and call and see what they will do but the prosecutor is going to have access to the other charges/ convictions. Unfortunately, I do not believe there is much they will do as far as working with you on this. You will more than likely have to pay the fine and have both tickets go on your record unless you can hire an attorney.

 

[shrestha]

So, you have a record and they are trying to add more things to it. Which is what they do, if you have other things on your record. You can try and call and see what they will do but the prosecutor is going to have access to the other charges/ convictions. Unfortunately, I do not believe there is much they will do as far as working with you on this. You will more than likely have to pay the fine and have both tickets go on your record unless you can hire an attorney.

I'm just a college student and can do nothing but get bullied around (adding points....). I cannot afford a lawyer so will have to give in this time. Thank you for your help. I appreciate it. Lastly, if you still think the officer was nice, let me know. Haha

 

[OHRoadwarrior]

We already covered that as not being an option. There is no solution to OP's problem. There is only a progressive and structured approach to the finality. Let us know what happen on the day you enter your pleas. Maybe we will have more to suggest.

So, you have a record and they are trying to add more things to it. Which is what they do, if you have other things on your record. You can try and call and see what they will do but the prosecutor is going to have access to the other charges/ convictions. Unfortunately, I do not believe there is much they will do as far as working with you on this. You will more than likely have to pay the fine and have both tickets go on your record unless you can hire an attorney.

 

[shrestha]

We already covered that as not being an option. There is no solution to OP's problem. There is only a progressive and structured approach to the finality. Let us know what happen on the day you enter your pleas. Maybe we will have more to suggest.

What does 'OP's problem' mean?

 

[RedemptionMan]

I'm just a college student and can do nothing but get bullied around (adding points....). I cannot afford a lawyer so will have to give in this time. Thank you for your help. I appreciate it. Lastly, if you still think the officer was nice, let me know. Haha

that was sarcasm, I know how they think and with experience you will too. The good news is that eventually your tickets will fall off and you will be golden yet again. It is a game, and the better you are equipped to play it the better off you are. If you had no tickets on your record then you would not have even probably been given a ticket. Could have gotten off with a warning and if he even wrote a ticket you could have gotten probation for it. The more you mess up the more points you get on your license and the more likely you are to have your license suspended and thus the more money you have to spend. Ultimately, they could care less about you, all they want is your green.

Good Luck.....