Traffic Stops

Police officers have a duty to provide information during a traffic stop or other stop. The officer should display proper identification  and tell you: 

• the officer's name,
• identification number,
• the officer's law enforcement agency, and 
• the reason for the stop.

The police officer should not stop a person from recording the officer’s actions, as long as the person is acting lawfully and safely.  These requirements do not apply in urgent or emergency circumstances.

Read the Law: Md. Code, Criminal Procedure § 2-109

Traffic Citations from the Maryland Courts

Receiving the Citation

The police officer can give the driver an electronic or paper ticket, called a citation.  When an officer issues an electronic ticket, they will give the driver a printout that includes information on the driver’s options if they disagree. 

When an officer issues a paper ticket, the driver must sign a paper that says they received it. This paper is only to show that the driver received the ticket. The driver does not admit guilt by signing the acknowledgement. The driver may be arrested if they refuse to sign.

Examples of an electronic traffic citation  and a paper traffic citation are available on the Maryland Courts website. 
 

Read the Law: Md. Code, Transportation § 26-203

Do I need to go to court? 

Maybe, depending on the offense. When a police officer gives a driver a ticket, whether the driver needs to go to court depends on the type of offense. The ticket will indicate with a check mark whether an offense is a “payable” offense or a “must appear” offense. Only “must appear” offenses require the driver to go to court.
 

Payable Offenses

Payable offenses are ones that do not carry the possibility of prison time. For payable offenses, the driver may: 

• admit guilt and pay the full amount of the fine on the ticket without going to court, 
• admit guilt but request a hearing to ask the court for a lower or no fine and to decrease points, or 
• deny guilt and request the court to set a trial date. 

A driver must choose one of these options within 30 days of getting the ticket. If not, the Motor Vehicle Administration (MVA) may suspend the driver’s license and the court may issue a warrant for the driver’s arrest.

Admit guilt and pay the fine:  If the driver chooses to plead guilty and pay the fine, the guilty plea will be entered on the driver’s record and the MVA may give them points. The driver must pay within 30 days, unless they enter into a payment plan.

Request a waiver hearing:  The driver can ask for a hearing by checking the spot on the ticket that says, “request waiver hearing,” and following the directions on the ticket to return a copy to the District Court. If a driver asks for a hearing, they will  give up the right to have a trial and the officer who issued the ticket is not required to be present. The hearing is just an opportunity for the driver to explain to the judge why they should receive a lower fine or probation before judgment (PBJ). The driver doesn’t dispute the truth of the facts. The MVA will not charge points for a PBJ because it is not a conviction. There is a chance that the judge will charge the driver with a higher fine, not to exceed $500 per offense.

Read the Law: Md. Code, Transportation §§ 26-201, 26-204 and 27-101

Deny guilt and go to trial:  Drivers requesting a trial must send in the form requesting a trial within 30 days of receiving the ticket. Drivers do not automatically get a trial date. The court will send the driver a paper that tells them when and where to appear in court for trial. At trial, the driver can present their side of the case, and the Judge will decide if they are guilty.

Read the Law: Md. Code, Transportation § 26-201
 

Must-Appear Offenses 

Must-appear offenses are more serious violations, such as driving while under the influence of a substance or driving a vehicle without an owner’s consent. These offenses can carry prison time and require that the driver appear before a Judge. 

The ticket will tell the driver that they must appear at Circuit or District Court in the county where the alleged traffic violation happened. The court will send the driver a paper that tells the driver where and when to come to court. If the driver does not appear at the right time and place, the court may issue an arrest warrant.

Sometimes the driver does not have to appear in person and may be able to request that an attorney appear on their behalf. A driver that gets a ticket for a must-appear offense that may be punishable by prison time should consult an attorney. If the driver qualifies, they may be eligible for a public defender. If the driver needs more time to find an attorney, the driver should contact the court clerk as soon as possible.

Read the Law: Md. Code, Transportation §§ 26-201, 26-204, and 26-401