Maryland speeding ticket disposition | FerrariChat
Buy

Maryland speeding ticket disposition

Discussion in 'Mid-Atlantic Region - USA (PA, DE, MD, DC, VA)' started by WCH, May 25, 2006.

This site may earn a commission from merchant affiliate links, including eBay, Amazon, Skimlinks, and others.

  1. WCH

    WCH F1 Veteran
    Owner Rossa Subscribed

    Mar 16, 2003
    5,186
    #1 WCH, May 25, 2006
    I post this, for whatever it's worth, for the benefit of those who may be in the same situation. I’m aware there are other strategies for handling a speeding ticket.

    In December, 2005, while driving my F430 westbound on I370 near the intersection with I270 (Montgomery County), I received a ticket for driving 90 in a 55. Sunny day, light traffic, stationary laser. The cop was cordial to me, and I to him, all business. The citation indicated that the violation carries a $280 fine and 5 points.

    I have not had any tickets of any kind since 1993.

    Given my speed, and anticipating dire insurance consequences, I decided to contact John Monahan, an experienced traffic litigator and current president of the local Bar Association. John suggested we try to have the offense reduced and, to help my case, referred me to a “safety and survival” driving program.

    I attended the driving program, all 6 hours + - which actually wasn’t bad. The program is run by ex-cops who do a good job of keeping things interesting. I was the oldest person in the class, and one of the worst speeders.

    This morning, my trial date finally arrived. I met John outside courtroom 202 and discussed my case. We then went inside, and I sat in the back row of a smallish courtroom filled with drivers, cops and a few witnesses.

    I wore a tie - apparently, one of only a handful of defendants who thought formal dress might help things.

    Of the 40 or so defendants in my courtroom, only three or four appeared to be represented by counsel.

    The proceedings began at about 9:05, and were at times quite funny. Judge James Vaughn, a retired former chief judge in Howard County, presided. Though very sober and unsmiling, Judge Vaughn managed to elicit some laughs from the pews:


    Judge: Mr. X, there’s no officer here to testify against you, how do you plead?

    Defendant: Guilty.

    Judge: Mr. X, there’s no one here to testify against you. How do you plead?

    Defendant: Guilty.

    Judge: Mr. X … one more time … there’s no one here to testify against you … there’s one other way you can plead. Now, how do you plead?

    Defendant: [pause] Not guilty?


    Judge Vaughn told another young speeder, who claimed he was going just as fast as everyone else, that he personally viewed the flow of traffic defense as a “lemming defense.” He explained lemming group behavior to the young man.

    Virtually everyone received a reduction in offense. Judge Vaughn ruled in favor of a few defendants who contested tickets. All in all, I thought he ran things efficiently, patiently and fairly.

    When my turn came, John did virtually all the talking, quickly explaining that I’d be pleading guilty, and showing the judge a copy of my clean driving record and safe driving program attendance certificate. John also said a few words about my background. Absolutely no mention of Ferrari, racing licenses, etc etc.

    The judge asked the cost of the safe driving program (about $50), told me that he normally doesn’t reduce serious speeding offenses, but observed that he thought I’d done everything I could, and reduced my violation to 84 in a 55 (2 points) and a $50 fine. Total damages, with costs and not including insurance premium increases:

    Atty fees: $500
    Fine & court costs: $75.50
    Safety course: $50

    I believe I have the opportunity to petition for reconsideration of my sentence, or to appeal, but I’m not inclined to do so.
     
  2. wcelliot

    wcelliot Formula Junior

    May 7, 2004
    577
    Maryland, USA
    Full Name:
    Bill
    #2 wcelliot, May 25, 2006
    Great outcome.

    My wife recently had a similar one... same court, same judge!

    Last fall, she totalled my Allante on 270N... just inattentive driving (after a 20 hour day).

    The guy she hit was very cordial (and more worried about her than himself or his car) and we shared the same insurance carrier, so he was confident that all would be made right.

    But she must have really rubbed the responding cop the wrong way... despite the fact that she was safely out of traffic with a pool of coolant and engine oil coming out of the car (which looked damaged but nowhere near totalled)... he told her that if she would drive the car away, he'd let her go without a ticket... but that if she wouldn't (or couldn't) he'd give her TWO tickets.

    Knowing the potential damage oif driving the car with no oil, she refused and was cited for inattentive driving and failure to control her speed. (As you can guess, she was HOT.)

    I recommended that we also engage a lawyer and her experience was just like yours... most people poorly dressed, not represented... but most getting some sort of reduction anyway. Her lawyer (against her wishes) would not get into the choice the officer tried to force her into... but simply pled not guilty. After the judge confirmed that the officer (who was there) had not witnessed the crash (and no other witnesses were present) he dismissed both charges.... so we escaped with the $500 legal fee.

    Lesson learned: do what's right (and all you can to minimize any damage you've caused), but always fight it... while dressed appropriately and adequately represented.

    Bill
     
  3. 285ferrari

    285ferrari Two Time F1 World Champ
    Sponsor

    Sep 11, 2004
    20,978
    MD and NE
    Full Name:
    Robbie
    #3 285ferrari, May 25, 2006
    Will---that's about right throughout MD. If you have a good driving for awhile the judge is much more inclined to give a decent break---Glad to see things worked out good for you!!
     
  4. LetsJet

    LetsJet F1 Veteran
    Owner

    May 24, 2004
    9,334
    DC/LA/Paris/Haleiwa
    Full Name:
    Mr.
    #4 LetsJet, May 25, 2006
    Further,

    If you have a clean driving record you can request a PBJ. (Probation before judgement). You plead guilty and the judge can fine you double but give you PBJ and you will not be found guilty. Happens in most traffic courts in MD. It's a win for the county as they get more money and it's a win for you as you don't get a guilty verdict.

    Only works if you have a clean record.
     
  5. WCH

    WCH F1 Veteran
    Owner Rossa Subscribed

    Mar 16, 2003
    5,186
    #5 WCH, May 25, 2006
    "If you have a clean driving record you can request a PBJ."

    That would be the reason to appeal or ask for reconsideration, I guess, to try for a PBJ. I don't know, 90 in a 55, in a Ferrari ... 2 points seems fair to me, I guess, probably what I would have done if I were the judge.

    On one hand, I've had no tickets for almost 15 years, probably driving 20k miles annually - on the other hand, how much more of my and the sytem's time is all this worth? I also don't want to pull a cop back into court, though perhaps that wouldn't be neceessary, as I pled guilty.

    If you can't do the time ... don't do the crime ;)
     
  6. FLATOUTRACING

    FLATOUTRACING F1 Rookie

    Aug 20, 2001
    2,684
    East Coast
    Full Name:
    Jon K.
    #6 FLATOUTRACING, May 28, 2006
    Good thing this wasn't VA. In VA it's my understanding that a copy of the citation is in front of the judge when he calls you up. Then again maybe the judge would confuse an F430 with an LS430, though I'd imagine it would say "Ferrari F430" on the citation.
     
  7. 93 r1

    93 r1 Rookie

    May 1, 2005
    17
    #7 93 r1, May 30, 2006
    Thats bull****. If the officer is not there you should get off 100% free. Its happened to me 2 times.
     
  8. Ducati998S

    Ducati998S Karting

    Aug 19, 2005
    109
    Lutherville, MD
    #8 Ducati998S, May 30, 2006

    They did. I think that's what he was saying. The Defendants were too stupid to plead NOT Guilty even though the cop wasn't there...so the Judge kept asking them again and again until they gave the smart answer. Case dismissed.

    Judge Vaughn is okay. I believe Judge Becker of Howard County was a Porsche Club member for a while.
     
  9. CarlH

    CarlH Karting

    Feb 5, 2004
    81
    MD
    Full Name:
    Carl H.
    #9 CarlH, May 30, 2006
    Sometimes it works, sometimes not.

    I received a ticket in NY before moving to MD. I really believe the radar was in error and that the officer never triggered a new reading and I was left with the last reading captured. He had me at 75 in a 55 and I was pulling over to exit - and no indication from the radar detector. I know a bit about radar and prepaired a defense based on his use of a conventional Ka band radar, he could not get a reliable reading due to the nature of the electro-magnetic Interference generated from the military industrial complex located a few hundred yards away. (Which is why I know a bit about radar) I had documentation showing that large high power radar covering his band was in use nearby. I was set for a Perry Mason moment, but the officer did not show. I motioned for dismissal and the judge denied the motion stating that the officer had good reason to have missed the trial date. Not actually being Perry Mason, I insisted that if the officer was not present, the charge should be dropped. At this point she threatened me with contempt and ordered the fine be paid. Bad day all around. Dont think the suit helped either.....
     
  10. 285ferrari

    285ferrari Two Time F1 World Champ
    Sponsor

    Sep 11, 2004
    20,978
    MD and NE
    Full Name:
    Robbie
    #10 285ferrari, May 30, 2006
    In Md the judge gets a copy and has it in front of him. It will say Ferrari 2D(two door) not the actual model..
     

Share This Page