Given a ticket for 'Negligent Driving'

[ziggy80]

What is the name of your state? Maryland

Hi -
I was pulled over by a cop and she gave me a ticket for 'Negligent' Driving. She chuckled and told me to get a lawyer. Which I think it was very ridiculous!

When she pulled me over, I asked her why she pulled me over..and she asked me whether know the posted limit and said 35 miles/hr and she asked me how fast was I driving and I told her 45 miles/hr...she told me to give my car keys to her at 2:00 am, which was very strange and we started arguing, but later complied.

She then came back and cited me for 'Negligent' driving. Well, according to MD Statury code Negligent driving" is defined as operating a motor vehicle in a careless or imprudent manner that endangers any property or the life or person of any individual. Tran. §21-901.1(b)

BUT I was not driving the vehicle in any manner that is unwised or indiscreet. In fact, I was driving behind a cop during the morning.....this lady cop just issued me with 'negligent' driving just b/c I argued with her. So these are my questions:

1. Is there any advice that some one can provide me?
2. Do I need a lawyer ?
3. What are the consequences? I don't have points on my driving record (I plan to recheck again?) but reading the law, my license can be suspended or revoked. Could some expand on it ?
4. I am trying to understand why she told me to get a lawyer? is that serious?. The fact the she chuckled and smiled made feel that she is very sinister and upt o sth.. b/c she cited 'negligent'

I will appreciate any advice. Thanks

~Z

[FlyingRon]

Get a lawyer is generally sound advice.
Negligent driving is a misdemeanor with a pretty hefty fine. No jail time though. It's up to you how you want to fight it, but an initial consultation with a lawyer will explore your options.

[Ozark_Sophist]

Never argue with law enforcement. Save your arguments for the court room.

You were following a cop? While exceeding the lawful speed limit? Sounds like you will have two officers testifying against you in court. The officer that stopped you was probably laughing at what the officer said about you.

[ziggy80]

*** Ozark_Sophist that your response is not an advice****** I was arguing with her b/c she told me to turn the ignition off and give my car keys to her. Which was kinda strange at 2:00 AM.

What I am saying is that I was pulled over driving behind another cop..who is driving the same rate as I was driving??? the other cop was not even aware of it, until I was pulled over and until, he decided to turn back and provide a back-up**************.
but FlyingRon..thanks for your advice..that is what I plan to do.....

Never argue with law enforcement. Save your arguments for the court room.
You were following a cop? While exceeding the lawful speed limit? Sounds like you will have two officers testifying against you in court. The officer that stopped you was probably laughing at what the officer said about you

[Ozark_Sophist]

Originally Posted by ziggy80

*** Ozark_Sophist that your response is not an advice****** I was arguing with her b/c she told me to turn the ignition off and give my car keys to her. Which was kinda strange at 2:00 AM.

My response was advice. You should turn off your vehicle when stopped. Since you failed to do so, the officer was justified in asking you to turn off the car and remore your keys. You are lucky you were not dragged out the open window. You should not argue with law enforcement in the field. All advice.

[cepe10]

Go to court - In Maryland if you have clean record you will most likely get probation before judgment (PBJ) which will keep your insurance from skyrocketing.

If you want to fight the ticket you can but beware the district court is a kangeroo court and they will probably say you were speeding with or without evidence and foundation so the PBJ is better... The negligence change sound unfounded as you have pointed out she would have to prove to the court.

I would bring up the threatening demeanor and malice in court when describing what happened. There is no law that you have to turn off your vehicle and hand keys to officers in traffic stops in MD.

There are cheap lawyers for like $300 they will argue for you but will most likely try for PBJ anyway. motorists.org has some referrals or PM me and I can look for a reference.

You can try to get the testimony about the other police car speed ahead of you and you have a valid point as per MDSHA the posted speed is supposed to be per a speed study and the 85% speed which it is usually not but lower. But enforcement is arbitrary and capricious and the courts let them get away with it. So far... Plus your testimony might be on the ticket. so try for PBJ...

[Zigner]

Please note that our OP was NOT cited for speeding

[patstew]

Originally Posted by Ozark_Sophist

My response was advice. You should turn off your vehicle when stopped. Since you failed to do so, the officer was justified in asking you to turn off the car and remore your keys. You are lucky you were not dragged out the open window. You should not argue with law enforcement in the field. All advice.

I'll just add that there most likely was a reason the officer asked you to turn off your car and give over the keys. Perhaps you were being snarky and they thought you might bolt. I'm guessing there was some behavior exhibitied that made the officer think it prudent to take your keys away, something you don't want to tell us.

If you're sugarcoating the incident, you're not going to get accurate advice. If you're not, I'd definitely do as another poster suggested and bring the behavior up in court.