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Old 02-03-2013, 02:42 AM
 
283 posts, read 725,710 times
Reputation: 302

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I was driving down 270 in Montgomery County a few nights ago, and noticed a car behind me, but I didn't know it was a cop. The car then started tailgating me, so I sped up a little bit. Then all of a sudden the flashing lights went off and I was busted. The cop gave me a ticket for doing 64 in a 55 zone. The ticket says I have 3 options:

1) I could pay the $80 fine. This would result in 1 point on my driving record. If I do that, wouldn't my insurance go up? I'm with GEICO.

2) I could request a "Waiver Hearing". According to the MD District Court web site, that is where:

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... 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.

Really? If I request a waiver hearing my fine might go from $80 to $500?

3) I could request a trial. The Maryland District Court web site says that is where:

the officer who issued your ticket will testify, and you will have an opportunity to present your side of the case. After hearing both sides, the judge will render a decision.

It sounds like this trial option is only for pleading not guilty.

So I guess I want to plead guilty since I did go over the speed limit, unless there is something wrong with the officer tailgating me. That means I should request the "Waiver Hearing". But I've heard that you can have your ticket dismissed if the officer doesn't show up. But according to the italicized text that I posted from the Maryland District Court, if you request a Waiver Hearing, then the officer is not supposed to show up. My only hope of the officer not showing up when he is supposed to show up is to request a trial, but I'm not sure I can do that if I am going to plead guilty.

BTW, I have had a clean driving record for over 10 years. Any advice?
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Old 02-03-2013, 07:35 AM
 
Location: On the Chesapeake
44,887 posts, read 59,869,542 times
Reputation: 60427
Just pay it.

Was it a State Police or Montgomery County officer? I ask because many times County officers don't show for speeding ticket hearings so it's thrown out. MSP almost always show up.

Your insurance may, or may not, go up. It will depend on your driving record previously and how long you've been insured. I have incident forgiveness (and a lower rate) due to my length of time without an accident or ticket. Different company, though.
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Old 02-03-2013, 06:50 PM
 
2,366 posts, read 2,625,380 times
Reputation: 1788
I never increase my speed when getting tailgated. Your experience gave me another reason not to do so. It may be a cop attempting to determine my speed. I find it very easy to tell if a cop is behind you or not at night. You can tell by the headlight model of their car. Anything that looks remotely like Crown Victoria, Charger, or a Colbalt closing in behind me, I'm slowing down. Tailgaters can either go around or sit behind me for all I care.


You could go with number #3 and claim that you were being tailgated and go from there.
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Old 02-03-2013, 10:02 PM
 
70 posts, read 198,032 times
Reputation: 25
Go with option 3.

Going 64 in 55 zone is not even over 10 mph. Tell the judge that you were tailgated and did not feel safe. Tailgating is illegal, for all I know.

Trial option is not just for pleading not guilty. Last time I went to the court, the judge said that he had to do something even with pleading guilty because of just showing up in the court after so many people pleading not guilty gave a story of "I had an emergency."
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Old 02-04-2013, 08:54 AM
 
Location: DMV
10,125 posts, read 13,915,844 times
Reputation: 3222
Quote:
Originally Posted by 2rock View Post
Go with option 3.

Going 64 in 55 zone is not even over 10 mph. Tell the judge that you were tailgated and did not feel safe. Tailgating is illegal, for all I know.

Trial option is not just for pleading not guilty. Last time I went to the court, the judge said that he had to do something even with pleading guilty because of just showing up in the court after so many people pleading not guilty gave a story of "I had an emergency."
If that police officer shows up it's your word against his, and I don't think the OP has much of a chance if that is the case. It seems like Option 2 makes the most sense. Unfortunately this is just going become a hard lesson that these police officers are just looking for ways to fill their quota and that it's best to not let anyone force you to drive faster, either move to the right (if you can) or let them drive around you.
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Old 02-04-2013, 10:40 AM
 
Location: Fort Washington, MD
671 posts, read 1,540,012 times
Reputation: 620
I have two pieces of advice:

(1) Rip the ticket in shreds and then make it rain.

(2) Don't take my pieces of advice.
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Old 02-04-2013, 07:10 PM
 
5,101 posts, read 6,012,022 times
Reputation: 7168
64 in a 55 on 270?? How fast were you really going? The times I've gotten a ticket the officer will usually say "I clocked you at 69 but I'm going to write it as 64 in a 55"

I have a hard time believing you were doing 64 and got pulled over for it on 270 (I'm not questioning your truthfulness, see my first comment). My problem when I go less than 65 on most of 270 (except at rush hour) is having people climb up my rear bumper and sometimes start flashing their lights (If I am in the middle or right lane I seldom even get in the left lane)
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Old 02-04-2013, 07:18 PM
 
283 posts, read 725,710 times
Reputation: 302
Yeah he clocked me doing more than 64 (don't remember the exact speed) but he said he would only put 64 on the ticket.
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Old 02-04-2013, 07:23 PM
 
Location: Alexandria, VA
15,108 posts, read 27,550,358 times
Reputation: 27152
So pay it already
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