The Traffic Attorney - Cell Phone Laws

You may have noticed that a lot of states are passing laws pertaining to driving while using cell phones or other mobile devices. As a Maryland traffic ticket attorney and Maryland DUI attorney, I know that the Maryland law banning talking without a hands free device goes into effect in October, 2010. Virginia is also passing a similar law, to go into effect in 2011. DC was a pioneering jurisdiction and already has one in effect. In a lot of states, these cell phone violations are actually secondary violations, meaning you can't get pulled over unless you are doing something wrong.

The question is whether these laws do what they are intended to do - increase driver safety. The answer is we don't know. Look, I am all for banning texting, emailing, etc. while driving, because that type of multi-tasking really is dangerous. But the reason why these things are dangerous is because drivers who text while driving are actually taking their eyes off the road multiple times for extended periods of time in order to push the buttons on their phone. Also, it can take two hands to text and drive.

On the other hand, there just isn't any empirical evidence that holding a phone up to your ear and talking, while keeping your eyes on the road, actually makes you less capable of driving your vehicle. I understand that rational, and there are good arguments for the law, I'm just interested to see if it actually makes our streets safer.

So we'll see. I'll post more on this at a later date.

The Traffic Attorney - Red Light Camera Tickets

Last week, I was in court for a protective order hearing and sat in on the traffic docket. You may not believe this, but the Traffic Attorney am more than just a Maryland traffic ticket attorney. The first cases called were the red light camera tickets. In case you don't know, the State of Maryland has authorized the use of cameras at intersections, and these cameras have a sensor. When the sensor sees that a person is running a red light, the camera takes a photo of the car. A few weeks later, that person receives a Maryland traffic ticket in the mail for running the red light.

It seems pretty airtight - I mean, there is a photograph of the car in the middle of the intersection while the light is red. The picture captures the license plate, which is how Maryland knows to send a ticket to the person who owns the car. I have never represented someone with a red light traffic ticket (it is a fairly recent thing). In fact, I've never watched the red light camera docket, but I was still surprised to see how many people were found "not guilty" of the infraction. One lady told the Judge that the car wasn't hers, and pulled out a picture of her car. The Judge took one look at it and dismissed the case. I mean, really?? What if she owned two cars? Or she took a photo of someone else's car and showed it to the Judge? I'm all for speeding through the docket (pun intended), and cases being dismissed (I am a defense attorney after all), but this was bizarre.

Then we moved onto the payable offenses docket and I saw some teenager make up some ridiculous excuse about why he was going 67 in a 35 mph zone. The Judge threw the book at him. Ahh, now this was the normal traffic docket that I knew.

The Traffic Attorney - On Driving Records

One of the most important items in any traffic case is the driving record. It can either be the best tool to use in your favor, or the document that is the bane of your existence. In any event, most likely you wouldn't be looking at The Traffic Attorney blog if you had a clean driving record. For example, if you are a Virginia driver, presumably you are in need of a Virginia DUI attorney, or are looking for advice because you received a speeding ticket, DUI citation, or are otherwise headed to traffic court.

The first thing a police officer, prosecutor, or judge will look at is your driving record. You need to keep it under control. Because of that, the first thing your Virginia traffic ticket attorney is going to ask for is a copy of your driving record. The strategy that your attorney chooses to recommend will, in a lot of cases, be based on your driving record. For example, if you have six DUI's and are charged with a seventh DUI, your attorney is not going to recommend a driver diversion program (that just won't be possible) or, most likely, that you plead guilty. Another DUI conviction in most jurisdictions will mean incarceration. On the other hand, if you have never received a ticket for anything, and you are charged with reckless driving, perhaps your attorney will recommend speaking to the prosecutor in an attempt to reduce the charge.

As you can see, if your driving record is ten pages long, you're in trouble. Consequently, be careful out there. You never know when something stupid is going to catch up with you. If you don't need to speed, then don't. Always use your traffic signals. Keep your automobile in working condition. Don't drink and drive.

Of course, if everyone followed my advice, then I would be out of a job. But our streets would be a much safer place.

The Traffic Attorney - The First Rule of Traffic Court is.....

Ok, so if there is one thing I've learned while being a Maryland DUI attorney, it's that traffic court is unpredictable. In other words, I never know what to expect when I go in there. I know you're wondering, "Well then how can you knowledgeably blog about what goes on in traffic court?"

Well the answer is easy, really. Procedurally, I know what goes on. For example, I am a Maryland traffic attorney, among other things. I know that, by the time you get to court, you most likely have gone through a traffic stop, where a law enforcement officer pulled you over and tried to gather as much information about you as possible. He asked whether you had been drinking and whether you cared to take a few tests.

I know that you either told the officer that you had something to drink, failed those tests, the officer had some other reason to believe you were DUI, or any combination of the foregoing. For whatever reason, the officer arrested and booked you. At the police station, someone most likely took your fingerprints and photograph, searched you, and asked you more questions.

Hopefully, you told the officer you want to speak with a lawyer, but that's another post for another day.

In any event, you're in court for your preliminary hearing or arraignment. I'm with you up to this point. But, the other day, something funny happened on the way to entering a not guilty plea and setting a trial. I was in court with a client, and I checked in with the clerk prior to the Judge taking the bench. The clerk informed me that we weren't on the docket. While that isn't necessarily out of the ordinary, it was odd that my client'c case wasn't even in the court's computer records. Hmmmmm.

Shortly thereafter, the Judge took the bench and informed us that we could leave. The court would issue a notice if anything came up. This is what I meant by not knowing what to expect. The traffic docket is usually flooded with cases. Things fall through the cracks. Sometimes it works out better that way.

Welcome to The Traffic Attorney

Welcome to The Traffic Attorney blog. The purpose of this blog is to give insight into what actually goes on inside the courtroom during a traffic docket. Hopefully it will also help you deal with your traffic or DUI case.