Frederick Cnty. Dist. Ct. CM - Traffic Cases Case Management Plan C

The administrative judge has designated a clerk to

consider first requests for postponements that are received five or more days prior to the

trial date and docketing problems due to judges’ unavailability.

Track 2 – Must Appear Traffic Cases

There are various types of traffic violations in Maryland, "payable", “must appear”, and in Frederick

and Washington Counties, “red light”, “speed monitoring”, “school bus monitoring” and “parking.”

Traffic must appear violations are those you must appear before the court. Most “must appear”

citations carry jail time.

Must appear traffic violations are issued by citation and may include, but are not limited to, the

following:

• DWI – DUI

• Driving while suspended / driving without license

• Failure to remain at scene of accident

• Driving without insurance

The officer who issues the citation is required to indicate that the citation is a “must appear”

offense.

Citation issued – Arrest Case

Must appear citations with arrest are initiated by complainant or after issuance of an arrest

warrant.

Event Timing

Citation issued Case filing

Initial appearance Within 6 to 8 hours of arrest

Bail review Within 24 hours after no release on bail

Trial Set 45-60 days from arrest

Sentence Same day or 30 to 45 days after trial

Subsequent case processing follows the same case management plan as for criminal cases (see

Criminal DCM Plan).

Citation issued – Release Case

Some must appear citations are issued to the defendant, who must sign with a promise to appear in

court on a date to be set. The defendant is subsequently released and not arrested.

Event Timing

Citation issued Case filing

Defendant signs and released One hour

Trial 60 days

NoNo

Yes

YesProbable

Cause?

Sentence

Application

for Charges

Track 1 – Summons Cases ≈ 180 days

Issue Criminal

Summons

Service of

Charging

Document

Trial

Criminal

Information

Arrest/

Complaint

Initial

Appearance Release? Bail Review

End

No

Guilty?

End

No

Track 2 – Arrest Cases ≈ 180 days

Yes

30-45 days

Trial

In Frederick County, for both Tracks 1 and 2, must appear traffic dockets are held three days each

week – Tuesday, Wednesday and Thursday for a total of seven sessions. In Washington County, for

both Tracks 1 and 2, must appear traffic dockets are held three days each week - Tuesday,

Wednesday and Thursday for a total of four sessions. Defendants are notified of the trial date via

the computer or by first class mail. Cases are assigned by the officer’s scheduled court dates or

picked by the court.

A demand for jury trial must be received no later than 15 days before the scheduled trial date, or in

open court on the trial date by the defendant and the defendant’s counsel, if any. (Md. Rule 4-301)

If the jury trial is prayed in open court, the clerk will hand the defendant his / her court date for the

initial appearance in circuit court approximately two or three weeks in the future.

Defendants may plead guilty, not guilty, NC, NGASF, NCR, Inc. to Stand trial. Not guilty pleas result

in a trial, where both parties may present evidence to the court. No trial is required for a guilty

plea.

Sentence

Before imposing a sentence, the court shall afford the defendant the opportunity to make a

statement and to present information in mitigation of punishment. The court ordinarily shall state

on the record its reasons for the sentence imposed.

Alternative sanctions used at sentencing include jail time, supervised or unsupervised probation,

treatment, fines, restitution and community service.

After sentencing, the defendant is required to comply with the court order. If a fine is ordered, the

defendant has 10 days in which to pay the fine under Md. Rule 27-103, or the Motor Vehicle

Authority (MVA) may suspend their driver’s license. The judge may also grant a deferred payment

giving the defendant sufficient time to pay. If given a jail sentence, a defendant may be immediately

taken to jail.

Post Judgment

An appeal must be filed within 30 days after the order has been entered. Non-refundable circuit

court costs will be imposed in order to file an appeal. A defendant cannot appeal probation before

judgment. Defendants may request a new trial within 10 days and file a motion to reconsider

within 90 days of sentencing.

Postponements or Schedule Changes

The postponement policy for traffic must appear cases in the Washington County District Court are

based on the District Court Administrative Regulations, as follows:

No motion for the postponement or continuance of any case shall be considered, unless made in

the following manner:

A. Motion for continuance. Every person desiring to have any traffic case continued or

postponed shall, at least five calendar days prior to the schedule trial date, file a motion for

such postponement or continuance with the court. All motion for continuance are

forwarded to the judge for review and are granted for good cause shown.

Good cause reasons five or more days prior to trial may include, at minimum, the following:

• Written consent of both parties for the first trial postponement only;

• Scheduling conflict of either party or attorney with a trial on another case, with the

notice for the conflicting trial attached;

• Serious illness or death of either party or attorney;

• Planned holiday or vacations of either party or attorney; and

• Other serious emergency conflicts.

B. All motions for continuance are handled by the judge. Motions for continuance requested in

open court are decided by the judge at the time of the request. If granted, the case is reset

on the next available officer’s court date. Requests for continuance due to officer

availability will be limited due to cases being set on court dates provided by individual

agencies. Cases are set according to the officer’s court date(s) and dates selected by the

court.

Track 3 – Red Light Citations, Speed Monitoring, School Bus

Monitoring and Parking Citations

Yes JudgmentTrialCitation Request a

Trial Guilty?

End

No

There are various types of traffic violations in Maryland, "payable", “must appear”, and in Frederick

and Washington Counties, “red light”, “speed monitoring”, “school bus monitoring” and “parking.”

The first three types are monitoring system devices which produce images. The fourth type -

“parking” citations are issued by local municipalities.

Red Light Citations

Transportation 21-202.1. Traffic Control Signal Monitoring Systems

(a)(5) A Traffic Control Signal Monitoring System is a device with one or more motor vehicle

sensors working in conjunction with a traffic control signal to produce recorded images of motor

vehicles entering an intersection against a red signal indication. (d)(1) Unless the driver of the

motor vehicle received a citation from a police officer at the time of the violation, the owner or, in

accordance with subsection (g )(5) of this section, the driver of a motor vehicle is subject to a civil

penalty if the motor vehicle is recorded by a traffic control signal monitoring system while being

operated in violation of 21-202(h) of this subtitle. The owner of the motor vehicle has the option to

prepay the civil penalty or stand trial. (h) If the civil penalty is not paid and the violation is not

contested, the Motor Vehicle Administration may refuse to register or reregister or may suspend

the registration of the motor vehicle.

Failure to Pay or Contest Violation Transportation 21-202.1(h)

(h) If the civil penalty is not paid and the violation is not contested, the Administration may refuse

to register or reregister or may suspend the registration of the motor vehicle.

Civil Prepayment Amount—Traffic Control Signal Monitoring Systems

According to District Court Administrative Regulation XXVIII, the amount which may be paid by any

person choosing to prepay the civil penalty without appearing in the District Court of Maryland

shall be $75.00, which includes costs.

Transfer of Liability Defenses Transportation 21-202.1(g)(1)(ii), (iv)

(g) (1) The District Court may consider in defense of a violation:

(ii) Subject to paragraph (2) of this subsection, that the motor vehicle or registration plates of the

motor vehicle were stolen before the violation occurred and were not under the control or

possession of the owner at the time of the violation; (iv) Subject to paragraph (3) of this subsection,

evidence that the person named in the citation was not operating the vehicle at the time of the

violation.

Evidentiary Burden Transportation 21-202.1(g)(2), (3)

(g) (2) In order to demonstrate that the motor vehicle or the registration plates were stolen before

the violation occurred and were not under the control or possession of the owner at the time of the

violation, the owner must submit proof that a police report about the stolen motor vehicle or

registration plates was filed in a timely manner. (3) To satisfy the evidentiary burden under

paragraph (1) (iv) of this subsection, the person named in the citation shall provide to the District

Court evidence to the satisfaction of the court of who was operating the vehicle at the time of the

violation, including, at a minimum, the operator’s name and current address.

Request a Hearing

The District Court will only receive red light citations if trial is requested. These cases are scheduled

two Fridays each month. The citations will not be processed in our automated systems. All trial

scheduling and notification will be done by the law enforcement agency using court dates supplied

to them by the District Court.

Postponements

First requests – the law enforcement agency will reset cases for the next red light docket; and

notify the defendant. Second and subsequent requests for postponement will be referred to the

court. If the request is granted by the judge, the clerk notifies the law enforcement agency of the

judge’s decision and a manual notice (generated by the court) is sent to all involved parties; and

upon receipt of the notice, the issuing agency assigns a new hearing date and notifies all parties. If

the request is denied, the clerk notifies the law enforcement agency of the judge’s decision a manual

notice (generated by the court) is sent to all involved parties and no further action is required of the

agency

Hearing

The hearing gives the defendant the option to explain to the judge why an offense was committed

or present their side of the case.

When a verdict is rendered, the actual decision is either “guilty” or “not guilty.” There is no finding

of “innocent.” All appeals, motions, etc. will be processed and handled the same as in any other case.

In the event of an appeal, the court will notify the law enforcement agency of the appeal and the

citation number. The law enforcement agency will forward the original citation (with photos) to the

court. The court will process the appeal and transmit the case to the Clerk of the Circuit Court

Submit the form to the Clerk's Office of the courthouse where your hearing is scheduled by mail or

in person.

If you are a party in the case, you only need to submit a single Interpreter Request Form. Once the

court receives your first timely request, the court will assign an interpreter for all proceedings at

which you are expected to appear. Other interested persons (victims and witnesses) must submit a

new Interpreter Request Form for each proceeding.

Speed Monitoring Citations

Transportation 21-809 (School Zones) and 21-810 (Work Zones)

Effective October 1, 2009, law enforcement agencies in all Maryland counties and municipalities

may use speed monitoring systems in certain school zones (TR 21-809) and work zones (TR 21-

810). A speed monitoring system is a device with one or more motor vehicle sensors producing

recorded images of motor vehicles traveling at speeds at least 12 miles per hour above the posted

speed. A speed monitoring system in a school zone may operate only Monday thru Friday between

6:00 a.m. and 8:00 p.m. The owner of the motor vehicle has the option to prepay the civil penalty or

elect to stand trial. Failure to pay or contest could result in the suspension or refusal of the motor

vehicle’s registration, but no points will be assessed upon conviction and violations will not affect

insurance coverage.

Transfer of Liability Defenses Transportation 21-202.1(g)(1)(ii), (iv)

(g) (1) The District Court may consider in defense of a violation:

(ii) Subject to paragraph (2) of this subsection, that the motor vehicle or registration plates of the

motor vehicle were stolen before the violation occurred and were not under the control or

possession of the owner at the time of the violation; (iv) Subject to paragraph (3) of this subsection,

evidence that the person named in the citation was not operating the vehicle at the time of the

violation.

Evidentiary Burden Transportation 21-202.1(g)(2), (3)

(g) (2) In order to demonstrate that the motor vehicle or the registration plates were stolen before

the violation occurred and were not under the control or possession of the owner at the time of the

violation, the owner must submit proof that a police report about the stolen motor vehicle or

registration plates was filed in a timely manner. (3) To satisfy the evidentiary burden under

paragraph (1) (iv) of this subsection, the person named in the citation shall provide to the District

Court evidence to the satisfaction of the court of who was operating the vehicle at the time of the

violation, including, at a minimum, the operator’s name and current address.

Request a Hearing

The District Court will only receive speed monitoring citations if trial is requested. In Frederick

County, these cases are scheduled two Mondays each month. In Washington County, these cases

are scheduled on a Monday up to three times each month. The citations will not be processed in

our automated systems. All trial scheduling and notification will be done by the law enforcement

agency using court dates supplied to them by the District Court.

Postponements

First requests – the law enforcement agency will reset cases for the next speed monitoring docket

and notify the defendant. Second and subsequent requests for postponement will be referred to the

court. If the request is granted by the judge, the clerk notifies the law enforcement agency of the

judge’s decision and a manual notice (generated by the court) is sent to all involved parties; and

upon receipt of the notice, the issuing agency assigns a new hearing date and notifies all parties. If

the request is denied, the clerk notifies the law enforcement agency of the judge’s decision a manual

notice (generated by the court) is sent to all involved parties and no further action is required of the

agency

Hearing

The hearing gives the defendant the option to explain to the judge why an offense was committed

or present their side of the case.

When a verdict is rendered, the actual decision is either “guilty” or “not guilty.” There is no finding

of “innocent.” All appeals, motions, etc. will be processed and handled the same as in any other case.

In the event of an appeal, the court will notify the law enforcement agency of the appeal and the

citation number. The law enforcement agency will forward the original citation (with photos) to the

court. The court will process the appeal and transmit the case to the Clerk of the Circuit Court

School Bus Monitoring Citations

Transportation 21-706.1 Overtaking and Passing School Vehicles—School Bus

Monitoring Cameras

Effective May 10, 2011, law enforcement agencies, in consultation with the county board of

education, may place school bus monitoring cameras on county school buses for the purpose of

capturing images of drivers of motor vehicles committing violations relating to overtaking and

passing school vehicles. According to Transportation Article 21-706, if a school vehicle has stopped

on a roadway and is operating the alternately flashing red lights, the driver of any other vehicle

meeting or overtaking the school vehicle shall stop at least 20 feet from the rear or front of the

school vehicle (depending on the direction in which the vehicle approaches the school vehicle) and

may not proceed until the school vehicle resumes motion or the alternately flashing red lights are

deactivated. A person who receives a citation for violation of this article has the option to prepay

the civil penalty or elect to stand trial. Failure to pay or contest liability in a timely manner is an

admission of liability and may result in refusal or suspension of the motor vehicle registration.

Sanctions for Failure to Pay Penalty or Contest Violation Transportation 21-706.1(i)

If the civil penalty is not paid and the violation is not contested, the Administration may refuse to

register or reregister (i.e. renew) or may suspend the registration of the motor vehicle.

Civil Prepayment Amount—School Bus Monitoring Citations

According to District Court Administrative Regulation XXXIV, the amount which may be paid by any

person choosing to prepay the civil penalty without appearing in the District Court of Maryland

shall be $125.00, which includes costs.

Transfer of Liability Defenses Transportation 21-202.1(g)(1)(ii), (iv)

(g) (1) The District Court may consider in defense of a violation:

(ii) Subject to paragraph (2) of this subsection, that the motor vehicle or registration plates of the

motor vehicle were stolen before the violation occurred and were not under the control or

possession of the owner at the time of the violation; (iv) Subject to paragraph (3) of this subsection,

evidence that the person named in the citation was not operating the vehicle at the time of the

violation.

Evidentiary Burden Transportation 21-202.1(g)(2), (3)

(g) (2) In order to demonstrate that the motor vehicle or the registration plates were stolen before

the violation occurred and were not under the control or possession of the owner at the time of the

violation, the owner must submit proof that a police report about the stolen motor vehicle or

registration plates was filed in a timely manner. (3) To satisfy the evidentiary burden under

paragraph (1) (iv) of this subsection, the person named in the citation shall provide to the District

Court evidence to the satisfaction of the court of who was operating the vehicle at the time of the

violation, including, at a minimum, the operator’s name and current address.

Request a Hearing

The District Court will only receive school bus monitoring citations if trial is requested. In

Frederick County, these cases are scheduled two Mondays each month. In Washington County,

these cases are scheduled one Monday each month. The citations will not be processed in our

automated systems. All trial scheduling and notification will be done by the law enforcement

agency using court dates supplied to them by the District Court.

Postponements

First requests – the law enforcement agency will reset cases for the next school bus monitoring

docket; and notify the defendant. Second and subsequent requests for postponement will be

referred to the court. If the request is granted by the judge, the clerk notifies the law enforcement

agency of the judge’s decision and a manual notice (generated by the court) is sent to all involved

parties; and upon receipt of the notice, the issuing agency assigns a new hearing date and notifies

all parties. If the request is denied, the clerk notifies the law enforcement agency of the judge’s

decision a manual notice (generated by the court) is sent to all involved parties and no further

action is required of the agency

Hearing

The hearing gives the defendant the option to explain to the judge why an offense was committed

or present their side of the case.

When a verdict is rendered, the actual decision is either “guilty” or “not guilty.” There is no finding

of “innocent.” All appeals, motions, etc. will be processed and handled the same as in any other case.

In the event of an appeal, the court will notify the law enforcement agency of the appeal and the

citation number. The law enforcement agency will forward the original citation (with photos) to the

court. The court will process the appeal and transmit the case to the Clerk of the Circuit Court

Parking Citations

Schedule of Parking Fines Frederick and Washington Counties

Parking citations may be issued by law enforcement agencies in the City of Frederick and City of

Hagerstown as well as law enforcement agencies in each county

Following is a link to parking violations in the City of Hagerstown.

http://www.hagerstownmd.org/286/Citations-Fees

Following is a link to parking violations in the City of

Frederick. https://www.cityoffrederick.com/documentcenter/view/5683

Request a Hearing

The District Court will only receive parking citations if trial is requested. In Frederick County, these

cases are scheduled two Fridays each month. In Washington County they are scheduled as needed

in various traffic sessions. The citations will not be processed in our automated systems. All trial

scheduling and notification will be done by the law enforcement agency using court dates supplied

to them by the District Court.

Postponements

First requests – the law enforcement agency will reset cases for the next parking citation docket;

and notify the defendant. Second and subsequent requests for postponement will be referred to the

court. If the request is granted by the judge, the clerk notifies the law enforcement agency of the

judge’s decision and a manual notice (generated by the court) is sent to all involved parties; and

upon receipt of the notice, the issuing agency assigns a new hearing date and notifies all parties. If

the request is denied, the clerk notifies the law enforcement agency of the judge’s decision a manual

notice (generated by the court) is sent to all involved parties and no further action is required of the

agency

Hearing

The hearing gives the defendant the option to explain to the judge why an offense was committed

or present their side of the case.

When a verdict is rendered, the actual decision is either “guilty” or “not guilty.” There is no finding

of “innocent.” All appeals, motions, etc. will be processed and handled the same as in any other case.

In the event of an appeal, the court will notify the law enforcement agency of the appeal and the

citation number. The law enforcement agency will forward the original citation (with photos) to the

court. The court will process the appeal and transmit the case to the Clerk of the Circuit Court

Personal Identifiers

It is the responsibility of the filer to redact personal identifiers, prior to submitting a filing with the

Court. Filers include anyone filing documents with the Court, including police officers, the state’s

attorney, criminal complainants, landlords, petitioners, and others. The filer does not have to be a

party to a case, and may include Federal Courts, military personnel, or relatives to a party in a case.

Per Md. Rule 1-322.1, unless otherwise required by law or permitted by court order, the following

personal identifier information shall not be included in any electronic or paper filing with a court:

(1) an individual’s Social Security number, taxpayer identification number; or

(2) the numeric or alphabetic characters of a financial or medical account identifier.”

The rule also states that unless otherwise provided by law or court order, this Rule does not apply

to the following:

(1) a financial account identifier that identifies the property allegedly subject to forfeiture in a

forfeiture proceeding;

(2) the record of an administrative agency proceeding.

Do You Need a Court Interpreter or Other Special

Accommodation?

The Maryland Judiciary provides court interpreters for hearings and proceedings conducted in

court, as well as certain court-related services and events, at no cost, for individuals who are parties

or witnesses in court proceedings.

Only court-appointed interpreters can serve as official interpreters in the courtroom. Your family

or friends cannot serve as official court interpreters. But, you can have your family members or

friends help you to communicate with the court staff outside the courtroom.

You should request an interpreter for your hearing 30 days before the court date, if possible.

Fill out a Request for Spoken Language Interpreter (CC-DC-041). If requesting a sign language

interpreter or other special accommodation, use the Request for Accommodation for Person with

Disability (CC-DC-049). You can also ask your attorney to fill out the form for you.

Submit the form to the Clerk's Office of the courthouse where your hearing is scheduled by mail or

in person.

If you are a party in the case, you only need to submit a single Interpreter Request Form. Once the

court receives your first timely request, the court will assign an interpreter for all proceedings at

which you are expected to appear. Other interested persons (victims and witnesses) must submit a

new Interpreter Request Form for each proceeding.

Frederick/Washington County District Court and the

Community

The following are resources available in the community to help with resolving a dispute.

Courthouse locations Frederick County Washington County

100 W. Patrick Street 36 W. Antietam St.

Frederick, MD 21701 Hagerstown, MD 21740

Court telephone number: 301-600-2000 240-420-4600

Location of Clerk’s Office: First Floor First Floor

Alternative Dispute Resolution 866-940-1729

Legal Aid 800-649-8813

Maryland Courts Self-Help Center 410-260-1392

People’s Law Library https://www.peoples-law.org/

Washington County Community Mediation Center 301-665-9262

The link noted below for District Court of Maryland Traffic Citation Information

http://mdcourts.gov/legalhelp/traffic.html

Forms

The following forms might be needed by the defendant in traffic cases.

CC-DC-070 Motion for Postponement

CC-DC 041 Request for Spoken Language Interpreter

CC-DC-049 Request for Accommodation for Person with Disability

CC-DC-089 Request for Waiver of Prepaid Costs

DC-001 Request, Order

DC-002 Motion/Certificate of Service/Order

DC-004 Subpoena

DC-065 Address Change Request

DC-CR-17 Notice of Appeal

DC-CR-72 Petition for Expungement of Records

Sample of Handwritten Traffic Citation

Sample of Electronic Traffic Citation

A growing amount of content on the Maryland Judiciary’s web site is now available in languages

other than English. The non-English pages provide forms, brochures, and other helpful information

about the Maryland Courts. The materials are available in Spanish, French, Russian, Korean and

Chinese. http://www.mdcourts.gov/courtlanguage/index.html.