[Spydeputy]

Clem,
Sorry to hear your situation.
Before I can make any suggestions, I need to know the Arrest Type marked on the citation. This will be a letter code on the line above all the pre-printed violations that just get circled by the officer. I guess the letter will be "J". If you got an E-Ticket it will be just before the printed charge, 21-801.1

Let me know when you get the chance.

[Wonka]

Adam,

This isn't fun to hear let alone happen to oneself. #3 should be the best option.

[bimmertt]

I also have to agree with option #3 and hope that the cop doesn't show. Your best defense will be your driving record since the cop will say you admitted to speeding.

I always look around before I do any sort of spirited driving. I also never speed during a holiday/holiday weekend or when it is close to the month.

[cb1111]

Originally Posted by bimmertt

I also have to agree with option #3 and hope that the cop doesn't show. Your best defense will be your driving record since the cop will say you admitted to speeding.

I always look around before I do any sort of spirited driving. I also never speed during a holiday/holiday weekend or when it is close to the month.

The "cop not showing up" does not get you a pass in MD

[bimmertt]

Originally Posted by cb1111

The "cop not showing up" does not get you a pass in MD

this must be a recent change then. when did this take into effect?

[DisGuy]

you definitly should get a lawyer. never go to court without one, unless its some bullshit ticket like seatbelt or some fix-it ticket. the lawyer might be a lil exspensive but in the long run it will is sooo worth it. they basically charged you with a reckless, which is a class A misdameanor (i dont know if i spelled that right) and that will be on your record for 7 years. not worth the headache when it gets to your insurance. your lawyer is probably gonna try and get it down to either a small speeding ticket or if hes good and got some connections at the court house 0 points but you probably will pay a $500 fine.

[scottp999]

Originally Posted by cb1111

The "cop not showing up" does not get you a pass in MD

Yes it does. I was in district court last month and each defendant who the cop did not show was excused because there was no witness against them.

[atwell3993]

Originally Posted by scottp999

Yes it does. I was in district court last month and each defendant who the cop did not show was excused because there was no witness against them.

I believe it depends on the seriousness of the crime?
Obviously a speeding violation will be treated very differently than a reckless driving.

[BavFan_08]

Sorry to hear about your ticket. If you ever decide to come to great white north, please do not race on any highway in Ontario.

If you did what you did in the province of Ontario, the following would happen to you:

The car would immediately be seized and towed to an impound lot.

You would have to wait 7 days to get your car back and you would have to pay all towing fees plus the impound daily fee ($125/day.)

You would face a fine anywhere between $1000-$10,000

Your license would be suspended for 7 days minimum. (I guess they couldn't enforce this one against an out of country driver.)

Unfortunately, in Ontario, you're guilty until proven innocent......that's what democracy gets you these days where we live.....the government calls this a stunt driving law......and applies to anyone driving in the provice of Ontario....COPS, Ambulances, essential service vehicles excluded of course...but they even nailed a garbage truck (owned by a private company) that was going over 50km/h the speed limit.....

Originally Posted by Clem

--------------------------------------------------------------------------------

After almost 30 years of driving cars ranging from quick to flat out fast, I finally got caught during a WOT burst. I have several rules about going very fast, two of which I broke on Saturday night.

#1 Don't do this within sight of other cars that you cannot identify.
#2 Don't do this at night when you cannot see every possible car.

The setting:

I was merging onto a road near my home in a spot that had always proved safe for a quick blast through 2nd and 3rd gears as it's a one lane divided road. With the car in 2nd gear I entered the on ramp and looked ahead to confirm an open road and no cars approaching from the opposite direction (even thought highway is divided by a wide median). I then look to the left to see if cars are approaching in my direction and this is where my judgment failed me. There were 3 or 4 cars coming up 2-3 seconds behind my merging pace, so I hammered it in 2nd and ran out 3rd gear before jumping hard on the brakes to bring it down to near the 55 limit (one of my other rules). Upon questioning the Trooper later, it appears he was the second car in that line.

Here's our exchange:

Trooper: "Do you know why I pulled you over?"
Me: "I was driving way too fast?"
Trooper: Do you know how fast you were going?
Me: "No sir, I was watching the road."
Trooper: "I got you at 101."
Me: "Ugh"
Trooper: "Why were you going that fast?"
Me: "Well, I had just put a smaller pulley on my supercharger and wanted to see how much boost I was getting." He didn't ask, but I saw almost 8 psi and 40-100 happened very quickly!
Trooper: Well, this isn't the road to do that on. Lots of deer get hit here and if you hit one at that speed.......

He returned to his cruiser and came back 5 minutes later with my ticket for $530 and 5 points. He said couldn't give a "break" at the those speeds, although I could tell the he probably would have if it were up to him. I offered that I had not been involved in an at fault accident in over 28 years and didn't make a habit of doing this type of thing. He politely suggested that I go to court and try my l luck with the judge. He was quite young much more understanding about the whoe thing than I would hav ever expected and I suspect a fellow fast car enthusiast. Nonetheless, I'm in a bit of a pickle.

I have 3 options:

#1 Pay the fine and eat the points. I current have a 2 point ticket on my record. 7 total would not be good.
#2 Request a waiver hearing - guilty with an explanation
#3 Trial

I know I'm not the first to get caught. I'd love to know what others did. Suggestions and flames both welcome here, guys.

[Clem]

Thanks for all the replies and suggestions. My ticket is a "payable fine", not reckless driving. I even asked the officer this and he said there were other factors involved in a RD offense.

Scott, I like your suggestion of requesting a trial and then not contesting. With the officer being actually friendly with me, I think his presence and comments might not hurt me. He seemed almost as bummed as I did about have to cite me for the "full" amount.

What's the worst that can happen in court? I get the full Monty and I'm out a couple grand in attorneys fees? I think I'll take that chance.

[Clem]

Originally Posted by Spydeputy

Clem,
Sorry to hear your situation.
Before I can make any suggestions, I need to know the Arrest Type marked on the citation. This will be a letter code on the line above all the pre-printed violations that just get circled by the officer. I guess the letter will be "J". If you got an E-Ticket it will be just before the printed charge, 21-801.1

Let me know when you get the chance.

The arrest code is "I", not "J". Thanks for the help!

[Clem]

Originally Posted by Highflyr

Damn Adam....on ramp to 32 from 108?

I wonder how he clocked you if he was moving and there was a car between you too?

No, the ramp from Burntwoods Rd. to 32 South. The road is a single lane divided highway at that point.

I can't answer that second one.

[Spydeputy]

Originally Posted by Clem

The arrest code is "I", not "J". Thanks for the help!

So he was a marked car, with moving radar. One more thing please. Was he going the same direction as you or the opposite direction? If it was the same direction, did he pace you, and were there any cars between you and him?

[Clem]

Originally Posted by Spydeputy

So he was a marked car, with moving radar. One more thing please. Was he going the same direction as you or the opposite direction? If it was the same direction, did he pace you, and were there any cars between you and him?

He was going in the same direction as me. When I asked where he was, he told me he was the second vehicle in a line of cars coming up on me as I merged onto Rt. 32. He then said it took him a while to pass that car, catching up to me about a mile down the road.

[illirep]

One of the few positives that I can identify from my recent switch from my Dinan Stage II 335i to a 4 banger TSX....lol. I don't have an option to speed anymore as the car is ridiculously slow. Forcing me to drive responsibly.

However, the Acura is a bit more comfortable in rush hour traffic and in navigating the pot holes, and I get 32 mpg, vs 16 mpg.

[scottp999]

Originally Posted by atwell3993

I believe it depends on the seriousness of the crime?
Obviously a speeding violation will be treated very differently than a reckless driving.

I have not heard Clem say it was anything more than a speeding ticket. The person that mentioned reckless driving was from Virginia that has much different laws. In VA they hit you with reckless automatically at 20mph over or over 80mph (See VA Code 46.2-862). In MD I think it is still officer discretion if they feel you were violating the code.

Clem said 5 points. Reckless in MD is 6. Speeding in excess of 30 mph is 5 points, so my best guess is it's just a speeding ticket.

MD Code:

§ 21-901.1. Reckless and negligent driving.

(a) Reckless driving.- A person is guilty of reckless driving if he drives a motor vehicle:

(1) In 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.

(b) Negligent driving.- A person is guilty of negligent driving if he drives a motor vehicle in a careless or imprudent manner that endangers any property or the life or person of any individual.

I believe the state must have a witness against you during a district court trial in MD which is criminal (misdemeanor). If the states witness does not show the charges are dismissed.

This is one of the reasons that speeding cameras are fines only, contain no points, and are considered civil penalties, not criminal. There is no witness to come to court if you want a trial. http://www.sha.state.md.us/OC/Speed_...fact_sheet.pdf

[alloy]

Definitely get a lawyer. The cops "friendly" demeanor usually changes once in front of a judge.

I made a stupid mistake in my Z06 racing a Ninja 900. Cost me 20 grand in lawyers fees and consumed two and a half years of my life. Reckless driving/Speed contest-12 points. Anyway, I now have a clean driving record. And life goes on.

[cotmfk]

Ouch, sorry to hear. I would agree to get a lawyer. The fact that you admitted you were going "too fast" is no good. An "I don't know" or three at the scene can help out in the long run. Especially since there was a car between you and him while you were above the speed limit. I don't see how he can radar you with a car in between.

[markinva]

at least this is just a speeding ticket

[cb1111]

Originally Posted by scottp999

I believe the state must have a witness against you during a district court trial in MD which is criminal (misdemeanor). If the states witness does not show the charges are dismissed.

..actually, there is no "automatic dismissal" in traffic court if the cop is a no-show. The judge can dismiss it if he/she wants to, but it isn't guaranteed.

Criminal court is a whole other animal.

[scottp999]

Originally Posted by cb1111

..actually, there is no "automatic dismissal" in traffic court if the cop is a no-show. The judge can dismiss it if he/she wants to, but it isn't guaranteed.

Criminal court is a whole other animal.

Good to know. Each time I've been there the judges have dismissed all of the absent officers cases in MD district court, without the defendent even needing to make a request. I guess if the judge wants to postpone (never seen it happen for a speeding ticket), you could request a dismissal and see where that leads.

[Delnari]

Did you already get the 2 points from the previous ticket assigned? If not, you need to fight that one really hard as it will come into play on the more serious ticket you just received. If you can get the first ticket dismissed or reduced to no points you are much better shape.

If you do have the 2 points already assigned then get a local lawyer where the case is being tried. Having a lawyer who is well known by the judges helps when they are working out a deal on your behalf. Also, when you hire a local lawyer the court looks at it as an investment into their communities money . Usually a larger fine with reduced points is the deal that can be worked out and will help you keep away from those magic 6 points.

I received a speeding ticket way back in 1981 just outside of O.C. one night when I was 20. Clocked me doing 98 in a 55 zone. First thing out of his mouth was "If you were going 2 miles faster this conversation would be held at the station". Back then, 100 mph on any road MD was automatic arrest! You got lucky so far with this and you can even get more lucky if you are smart. Remember the first rule in legal system, "Deny, Deny, Deny, Deny". Anything you say can be used in a court of law against you...