Research, Consulting, leads to better decisions
1-19-08
NewDriver07,
Maryland and North Carolina have a mutual agreement known as the Driver's Licence Compact.
This means that the state where the driver is found guilty of the traffic violations or forfeits bail will notify the state where the driver has a licence.
Your post indicates that you hold a driver's licence in Maryland,
while you received the traffic citation from North Carolina.
The state where the driver has a licence will assign the same penalties as if the traffic conviction had occurred in that state
(It is obvious that the state that issues the traffic ticket can't assign points or penalties to a licence that doesn't exist if a conviction is obtained.) IF the driver is convicted of a traffic violation out-of-state, the state where the ticket was issued collects the fine.
(Reference :Fight Your Ticket & Win in Ca. pub.by NOLO)--2005)
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Some lawyer's will give the first consultation for no fee to discuss the driver's options. If the driver has a licence in a different state than
the state he received the ticket in, he needs to be sure the lawyer is aware of this fact.
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In North Carolina, pacing, VASCAR and radar are used to determine the speed the driver is going. All can give an inaccurate reading of the true speed as explained in Chapter 6 of Beat YourTicket , a book pub. by NOLO. Chapter 4, pages 2 thru 6 of this same book explain what to look for in hiring a lawyer and advises that when a licence may be suspended if a conviction is obtained, a lawyer is more apt to present a better defence than the driver.
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A Google search --Speeding Ticket -- Fighting or Plea Bargaining will
bring up a website listing how errors occur with the methods used to determine mph,the driver's rights, Discovery (requesting info on the method used to determine speed etc.),and how to cross-examine the officer if he appears in court.
Other websites on the same page may also help with understanding the legal process involved in defending against a traffic conviction.
Best Regards
Hey There
AND
- 107 -Sections from (To view the entire Speed Law go to
- 107 - SPEED LAWS V JURISDICTION: MARYLAND on Google
SPEED LAWS V
JURISDICTION: MARYLAND
This chapter summarizes Maryland State statutes related to speed.
General Reference: Annotated Code of Maryland Most references are to the Transportation Article (Tran.)
Basis for a Speed Law Violation:
Basic Speed Rule: A person shall not operate a vehicle at a speed that, with regard to the actual and potential dangers existing, is more than that which is reasonable and prudent under the conditions. Tran. '21-801(a)
Statutory Speed Limit: 65 MPH is the maximum speed limit which can be established on any
See Other below. highway. Tran. '21-801.1(e)(2)
55 MPH on (1) highways which are not interstate highways or expressways or (2) divided highways in other locations Tran. '21-801.1(b)(4) & (e)(1)
50 MPH on undivided highways except as noted below Tran. '21-801.1(b)(3)
35 MPH on divided highways in residential districts Tran. '21-801.1(b)(2)
30 MPH on highways in business districts or on undivided highways in residential districts Tran. '21-801.1(b)(1)
-803(b)(2)
Basis for a Speed Law Violation:
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Sanctions Following an Adjudication of a Speed Law Violation:
Criminal Sanctions:
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Imprisonment:
Term (Day, Month, Years,
Etc.): None
Mandatory Minimum Term:
Fine:
Amount ($ Range): Not more than $500 Tran. '27-101(b)
Mandatory Min. Fine ($): None
Other Penalties:
Traffic School: School Zone. A fine of not more than $1,000 may be imposed for exceeding a school zone speed limit. Tran. '27-101(r)
Other:
Sanctions Following an Adjudication of a Speed Law Violation:
(continued)
Licensing Action:
Type of Licensing Action
(Susp/Rev): Suspension or Revocation via a Point System4
4Point System. If a person accumulates 8 points (16 points if the offender is required to drive in the course of their employment) or 12 points (19 points if the offender is required to drive in the course of employment) within 2 years, they are subject respectively to either a license suspension or revocation. Tran. ''16-404(a)(3) & 16-405(b) An initial suspension is from 2 to 30 days; a subsequent suspension is from 15 to 90 days. A person, who has had their license revoked, is subject to the following revocation periods: 6 months if it is the offender's
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SPEED LAWS V
MARYLAND
assessment of points. 1st offense-the offender is required to attend a Adriver improvement program;@ 2nd violation-An offender=s license may be suspended for not more than 30 days; and, 3rd or subsequent violation-An offender=s license may be suspended for not more than 180 days. Tran. '16-213 Note: A provisional license is generally issued to persons who are less than 18 years old. Except for activities related to employment, education or athletic events, a provisional licensee can only operate a motor vehicle while Aunsupervised@ between the hours of 5 A.M. to midnight. Tran. ''16-103(c) & 16-113(d)
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SPEED LAWS V
MARYLAND
Other Criminal Actions Related to Speeding:
Reckless Driving5: Misdemeanor Tran. ''21-901.1(a) & 27-101(a)
Sanction:
Criminal:
Imprisonment (Term): None
Mandatory Minimum Term
of Imprisonment:
Fine ($ Range): Not more than $1,000 Tran. '27-101(g)
Mandatory Minimum Fine: None
Administrative Licensing Actions:Type of Licensing Action
(Susp/Rev): Suspension or Revocation via a Point System4
Length of Term of License
Withdrawal Action: Not more than 2 years4
Mandatory Term of License
Withdrawal Action: None If a suspension or revocation would adversely an offender's employment or opportunity for employment, such licensing action may be declined, canceled or modified. Tran. '16-405(a)
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5"Reckless driving" is defined as operating a motor vehicle either (1) in a wanton or willful disregard for the safety of persons or property or (2) in a manner that indicates a wanton or willful disregard for the safety of persons or property. Tran. '21-901.1(a)
