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Old 12-09-2011, 08:21 AM   #1
Sleeper20t
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Default Speeding ticket in MD, request a waiver?

Hey guys,

I got a ticket last night, I have been ticket free for over two years. I believe that after three years your points will clear, and I have one point that I am trying hard to get rid of. The ticket was for 65 in a 30. Now since its been so long that I have gotten a ticket, there seems to be a new option of "Request a Waiver" and this is what the courts state on their website.

Quote:
Requesting a Waiver Hearing to Plead “Guilty with an Explanation”

If you choose to plead guilty and would like to request that your fine be reduced or waived or that you be given probation rather than a conviction, you must make your request WITHIN 30 DAYS of receipt of your citation. Check the "Request Waiver Hearing" option box on the Return to Court copy of the handwritten citation and envelope or the electronic version Option Form, sign, date and mail it to:

District Court of MD
PO Box 6676
Annapolis, MD 21401

The court will automatically schedule a hearing date before a judge. This hearing is not a trial. The officer who ticketed you and any witnesses will not be present.

The hearing presents you with an opportunity to explain to the judge why you committed the offense and request that your fine be reduced or waived or ask that you be given probation rather than a conviction because of extenuating circumstances. Lowering your fine is at the discretion of the judge. There is a possibility that your fine could be increased, up to a maximum of $500. If the judge renders a guilty verdict, you have the right to an appeal. There are non-refundable court costs for filing an appeal. (A "probation before judgment" cannot be appealed.)
Has anyone done this before? I would love to request a probation before judgement that way I have the opportunity to clear my points and stay out of trouble. However they still may give me the maximum. Now if I just take it to trial, there is always the chance of the cop not showing up (this has never happened to me before) but I would still be pleading the same way and most likely end up with the points.

If anyone can offer some advice on this, it would be appreciated. I am hoping that I might have some luck with requesting a waiver, saying I am sorry and explaining my situation.

Thanks in advance.
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Old 12-09-2011, 09:10 AM   #2
infinite012
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Quote:
Originally Posted by Sleeper20t View Post
Hey guys,

I got a ticket last night, I have been ticket free for over two years. I believe that after three years your points will clear, and I have one point that I am trying hard to get rid of. The ticket was for 65 in a 30. Now since its been so long that I have gotten a ticket, there seems to be a new option of "Request a Waiver" and this is what the courts state on their website.



Has anyone done this before? I would love to request a probation before judgement that way I have the opportunity to clear my points and stay out of trouble. However they still may give me the maximum. Now if I just take it to trial, there is always the chance of the cop not showing up (this has never happened to me before) but I would still be pleading the same way and most likely end up with the points.

If anyone can offer some advice on this, it would be appreciated. I am hoping that I might have some luck with requesting a waiver, saying I am sorry and explaining my situation.

Thanks in advance.
Holy balls! 65 in a 30? Was someone in your family dying?
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Old 12-09-2011, 09:38 AM   #3
Borjaq
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Quote:
Originally Posted by Sleeper20t View Post
I got a ticket last night

The ticket was for 65 in a 30.
For some reason, I feel that you deserve the ticket.

IMO, it would be cheaper just to pay the fine as there is no excuse to be traveling 65 in a 30, but the judge may be having a good day and let you off with just a warning since your record is pretty spotless... Either way, you were naughty.


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Old 12-09-2011, 10:02 AM   #4
Sleeper20t
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I do not disagree with you. I never said I wasnt guilty, or listed 40 dumb reasons why I was speeding. Im not some punk ass whos in denial about reality here, just a normally responsible person who happened to be getting on it a little to hard. Lets not kid ourselves, we have all done this. Lets not call the kettle black, pots.

Thanks
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Old 12-09-2011, 10:21 AM   #5
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Either way, you are still going to court. I would prefer to plead my case with the officer present (if he even shows up) so he can show proper credentials for the radar calibration (if used), his pacing notes (again, if used), and his overall presentation. Just hope a little birdy doesn't hint on at that 65/30.

Or.... admit your guilt and pay the piper. Move on and slow down.
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Old 12-09-2011, 10:43 AM   #6
acumenhokie
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If you only got a speeding ticket and not a reckless driving ticket then I'd just pay up and count my blessings.
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Old 12-09-2011, 11:13 AM   #7
BryanH
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Was this issued as JUST a speeding ticket?
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Old 12-09-2011, 11:35 AM   #8
Sleeper20t
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Yes, it is only speeding. No other charges were even mentioned. He did not mention points or anything, but it looks like 30 over in MD is automatic 5pts. So Im really concerned at the moment, as well as upset with myself.
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Old 12-09-2011, 11:56 AM   #9
mangostick
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Lucky you didn't do that in VA.. they'd have jailed you. Not only that you'd be staring down the barrel of a RD charge and lawyers fees.

I say pay it, get a insurance reduction course set up to work off some of the points.. and move out smartly.
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Old 12-09-2011, 12:44 PM   #10
BryanH
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You may be one of the luckiest people I have ever read about. 35 over and no RD....wow.
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Old 12-09-2011, 12:57 PM   #11
Sleeper20t
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I am very conscious about driving in VA, Im well aware of the probing you can get down there. I am going to look into some sort of course, maybe it will help.

Thanks guys
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Old 12-09-2011, 01:23 PM   #12
Abnormal
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Wait to hear something from someone who actually lives in MD and knows some of their traffic laws a bit better.

Everyone so far appears to be from HR... A couple from NOVA... Nobody MD.
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Old 12-09-2011, 01:40 PM   #13
DavC825
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Get a court date, then postpone the date. I believe you can do that 3 times or something like that. Just hope the cop does not show up.
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Old 12-09-2011, 01:42 PM   #14
Mach V Dan
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Quote:
Originally Posted by Sleeper20t View Post
Lets not kid ourselves, we have all done this.
I have NEVER done this!

Okay, except just that once. Today.
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Old 12-09-2011, 02:20 PM   #15
brbauer
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I received a ticket this past summer. I too was driving too fast on Boston st in Baltimore.

I've had 2 tickets in my younger years but this was before you had to pick an option before the trial date. Both tickets I went to the court date and the police officer did not show up. I pleaded not guilty and got off scotch free.

My advice - go to court. Plead guilty and see what the judge will do. Good chance you will get a judge who is having an ok day and will have some grace on you. If you don't go to court, expect your insurance to go through the roof b/c I think you'll be getting 5 points.

Good luck and hopefully you slow down (trust me, I did). It's not worth it.
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Old 12-09-2011, 02:56 PM   #16
MmmTabasco
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We all make mistakes. I'd be lying if I said I didn't do some really stupid things in my life. But we live and learn.

I hope the OP takes his current predicament to learn exactly how insanely foolish his mistake was. Its not like this was a highway. 30 mph...

What if a deer wandered into the road? Or a pedestrian? You could have taken their life, much less your own.

Sorry to use OP as a punching bag but this is a lesson we should all learn from. As we drive our sportscars let's not forget no matter how strong we THINK our driving prowess may be, at the end of the day we are all mortals.

/rant
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Old 12-09-2011, 03:03 PM   #17
MY EJ20TTTTTT
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I only speed maybe 10 over all limits. And I still feel bad.
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Old 12-09-2011, 04:25 PM   #18
Sleeper20t
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Quote:
Originally Posted by MmmTabasco View Post
We all make mistakes. I'd be lying if I said I didn't do some really stupid things in my life. But we live and learn.

I hope the OP takes his current predicament to learn exactly how insanely foolish his mistake was. Its not like this was a highway. 30 mph...

What if a deer wandered into the road? Or a pedestrian? You could have taken their life, much less your own.

Sorry to use OP as a punching bag but this is a lesson we should all learn from. As we drive our sportscars let's not forget no matter how strong we THINK our driving prowess may be, at the end of the day we are all mortals.

/rant
Thanks, I agree with what you are saying and I think this is important. I do want to add though that this particular section of road is straight and wide, I was not rolling 65 through a neighborhood here. I do not travel this road much, but I learned today that the spot I got nabbed is HOT for ticketing because of the conditions and very low limit. Im not trying to make excuses but only point out that I was not driving in a residential area, or through city streets recklessly. Thanks for your input.
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Old 12-09-2011, 06:26 PM   #19
blacktrail
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4 years ago I recieved my first traffic violation doing 82 in a 45 on route 3 in AA. So I had this same privelege(sp) of "pleading guilty with an explanation". I basically went in and told the judge what happened. Which was it was late at night and I ran through some gears when I turned on since there was no traffic on my way home. I wasn't speeding for any amount of time other than just running up the gears and slowing down to the limit. So all in all he accepted my bad judgement and reduced my 5 point offense to 2 points and something like $180 fine.

So IMO, don't come up with some bs story. I've found that most judges look very strictly at how the laws are written and how you broke it. For example, I was ticketed for following a vehicle too closely on the eastern shore coming back from ocean city. It was a bs ticket but i actually was following too closely. I would not have been following too closely however, if the dumb broad on the phone in front of me didnt jam her brakes when she saw the unmarked trooper on the side of 50. Traffic was moving 5-10 over the limit. I explained the situation to the judge and he understood my position but regardless I was still too close at the time we passed the trooper. I was pretty heated about that one.
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Old 12-10-2011, 09:01 AM   #20
302@12psi
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Your best bet is to ask for a trail and hopefully the officer doesnt show up. If he does then you can still plea guility with an explanation.
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Old 12-10-2011, 10:31 AM   #21
brbauer
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Quote:
Originally Posted by MmmTabasco View Post
What if a deer wandered into the road? Or a pedestrian? You could have taken their life, much less your own.

Stupid comment.....this crap can happen when your doing 5 over the speed limit and still not have enough time to respond. Agreed, it's harder to react when your going faster, but come on dude....

No need to rip the guy a new one, he understands he shouldn't have been driving that fast. We all have done it before though....
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Old 12-10-2011, 10:37 AM   #22
MyNameIsSouthpaw
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Honesty will be your friend here. Just go into court, apologize. When the judge asks your record, if it's clean, just say clean. Most likely if you have a judge in a reasonable mood that day he will knock down the points and fine. You're going to end up with at least 2 points though. You can't expect a free pass going that much over. Unless the cop doesn't show.
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Old 12-10-2011, 11:00 AM   #23
Boogalo
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i got a 65 in 35 ticket in VA (it used to be 45, i didn't know or see the new sign). cop was nice, bought my explanation and didn't write me for reckless. i paid the ticket and didn't go to court. i got off light as it was. my insurance doesn't pull records regularly and my rates haven't gone up. i don't take that road anymore.
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Old 12-10-2011, 12:30 PM   #24
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I went to court in Annapolis just a couple months ago for a ticket. I sat there a long time and watched everyone go up for there speeding tics. Seems to me if you go up there and explain your story and you dont have a bad driving record they almost always give you probation. There were a couple people that the judge just gave them the ticket cuz they had bad driving records. So i think go to court and explain and im positive youll get the waiver probation thing. And if the cop doesnt show make sure you say NOT GUILT. They will dismis it. Thats what happend with me.
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Old 12-10-2011, 12:34 PM   #25
sumpunkster
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And i guess no one in the whole forum speeds ever and are all saints. So dont listen to there advise anyways. 65 in a 30 a not a big deal unless you get caught. Iv had many tickets and many many fines. And am an ex street racer. so been there and done that many times. Dont worry. Youll be fine. Just fight it
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