Serious Traffic Cases
The most obvious cases are:
- Alcohol/drug related
- Driving while suspended/revoked. These cases typically fall intthese categories:
- Failure tappear on the date of trial
- Tomany points
- Failure thave automobile insurance
- Violation of probation triggering points and resulting in suspension
- Failure tpay a ticket or toll
- Failure thave automobile insurance
- Repeat offenders
- Failure tstop for a school bus
- Failure tstop for a traffic signal
***Alcohol and drug-related cases such as Driving While Intoxicated and Driving Under the Influence are dealt with in other articles within this website.
Driving While Suspended/Revoked: The first step following our meeting with the client is tobtain the complete driving record and the request should state “for litigation purposes”. This can be purchased on-line by the client or acquired by either the client or the attorney at the local MVA office, or by writing tthe MVA.
The Maryland Judiciary Website will show the client’s Maryland history of previous violations, however for non-alcohol offenses, Probation Before Judgment will generally not be shown. The information is summarized wherein the complete driving record will provide more detail. Investigation of the scene and the taking of photographs may show or depict facts different than what the officer has described in the police report (We will have ordered that report or received it from the State’s Attorney’s Office.) Records made by the police and MVA can have errors or omissions. Recently I defended an alleged DUI case where the officer took the client’s breath through a preliminary breath test but the officer did not cite the reading. Preliminary Breath Tests are not admissible because they dnot have the same reliability or validity as the breath test given at the police station. However, there is an exception. The exception is that if the level is lower than the police station’s breath test, the Preliminary Breath Test may be introduced because it is the best indicator of alcohol at the time of the arrest. The case was dismissed and the client was very happy.
When defending clients on the charge of Driving While Suspended, we seek the resolution of the underlying offense such as paying the ticket, obtaining a new trial date, obtaining automobile insurance, and having the client take a driver improvement program which includes passing the written test and receiving a certificate. These efforts enhance positive outcomes. Judges favor defendants that take responsibility that may result in their following the rules of the road.
Speeding in Excess of 30 Miles Per Hour: This is a challenging case tdefend. Cross-examination of the police officer is one potentially effective tool. Yet a client taking the Driver Improvement Program and passing the written test can often lead tProbation Before Judgement and NPOINTS. Complications such as an accident, injuries, disability, and other facts may limit outcomes.
Although most of the offenses described above are NOT felonies, they are misdemeanors and convictions affect insurance premiums, employment, and subsequent violation cases. Judges seek tprevent additional citations through sentencing with conditions:
- requiring the defendant tresolve the suspension
- probation with the condition of nadditional offenses for a specified period of time
- community service
- taking and satisfactorily completing a driver improvement program
Hiring an attorney is not a guarantee of success. It is one positive step toward managing a challenging demand.
Fred Antenberg handles serious traffic cases in Howard County and surrounding counties in Central Maryland and has tried many successfully for over 35 years. Prior success is not a guarantee of success. Call Fred Antenberg at 410-730-4404 for a Free Consultation if you have been cited with a serious traffic offense or other criminal offenses.