Traffic Ticket Strategy Part 1
One day I need to search these posts and determine if there are duplicates. Not sure if this exists already or not.
The problem with traffic tickets in most states, Maryland included, is they are processed under criminal law. A criminal law case has very specific procedures and rules that most be followed and those will be reviewed in another post.
Strategy – Prove no case exists
So the strategy behind winning a traffic ticket is to prove that none of the procedures have been followed beginning with there is no real person / victim who is the claimant in the case.
When you appear in courtroom, the judge will try to get you to plead not guilty or guilty. You don’t want to plead either because there is no case in the first place. Pleading would be your admitting there is a case. So don’t plead.
Gather Your Evidence
But before you even get to the court room, you need to do your homework to get your evidence that no case has been filed. Yes, that’s right, a case is typically not filed for a traffic violation. As stated above a criminal case has very specific steps that must be followed in order to file a criminal case. If no case has been filed, you don’t need to plead anything.
So the first step after you receive the traffic violation is to go to the courthouse listed on the violation document, and ask for the record. You will be taking pictures or make copies of that record. Then get the clerk to sign a document stating that you were provided all the record.
Certify The Evidence
Your document that you want the clerk to sign should be short and simple and can state: “I certify that I have provided the entire case file… or I certify that I have denied the request” and grounds or basis for denial.”
The clerk just needs to initial next to one of the options, and apply their signature. You can have it predated or not.
Chances are there will not be any record of your case. You need to do this at least 3 times before your scheduled hearing.
Here’s part of the conversation on tgm.