Frederick Cnty. Dist. Ct. CM - Traffic Cases Case Management Plan (introduction)

District Eleven – Frederick and Washington Counties

Table of Contents

Track 1 – Traffic Payable 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 payable violations are those you may choose to plead “guilty” to and pay a fine without

appearing in court. Payable traffic violations are not punishable by jail time.

Payable traffic violations are issued by citation or summons and include, but are not limited to, the

following:

 Speeding

 Failing to stop for a school bus

 Driving without current tags

 Unsafe lane changes

Traffic citations include both violations that are payable and those that require an appearance in

District Court. The officer who issues the citation is required to indicate a pre-payable fine amount

if the citation is a payable. An example of a citation can be found at this link.

A defendant has three options when confronted with a payable traffic citation:

Option 1 – Pay the fine

Option 2 – Plead “guilty with an explanation” and appear in court for a waiver hearing

Option 3 – Request a trial date and appear in court for trial

If a defendant chooses not to pay the fine, they must request either a waiver hearing or a trial, at

which they will be required to appear in person. If a defendant does not respond WITHIN 30 DAYS

to one of the three options, MVA will be notified and may take action to suspend their

license. Driving on a suspended license is a criminal offense for which a defendant could be

incarcerated.

Track 1 – Pay the Fine ≈ up to 30 days Pay Fine

30 days

Yes

Payable Yes, with

Plead explanation, Schedule Waiver Judgment/

Traffic Guilty? request Hearing Hearing Fine

Citation hearing

No Track 2 – Plead Guilty with Explanation ≈ 120 days

Enforcement

Schedule

Trial Judgment

Trial

Track 3 – Plead not Guilty, Request a Trial ≈ 120 days

Plead Guilty and Pay the Fine

By paying the fine written on the front of a citation, the defendant is pleading guilty to the

charge(s). The charge(s) and possible assessment of points on a driver’s license will become part of

the defendant’s driving record. Points are assessed by the Motor Vehicle Administration (MVA), not

by the District Court. Point values are assigned to different kinds of traffic offenses. The more

serious the offense, the higher the point values. Those points may in turn increase insurance

premiums. See http://www.mva.maryland.gov/.

If a defendant chooses to plead guilty and pay the fine, the following options are available.

 Pay online (credit card with a convenience fee assessed)

 Pay at the District Court (credit card with a service charge assessed, check, cash or money

order)

 Pay by mail (check or money order)

 Pay by phone (credit card with a service charge assessed)

Plead Guilty with an Explanation

If a defendant chooses to plead guilty but wants to request that his or her fine be reduced or

waived, or ask the judge for probation rather than a conviction, the defendant must make a request

WITHIN 30 DAYS of receiving a citation.

Initiate a Traffic Payable Case

The following steps are required to initiate a traffic payable case in order to plead guilty with an

explanation:

(a) Check the "Request Waiver Hearing" option box on the Return to Court copy of the

handwritten citation and the envelope, or on the electronic version Option Form.

(b) Sign, date, and mail the form to:

District Court of MD.

PO Box 6676

Annapolis, MD. 21401

Or mail/appear at

District Court of Maryland 11-02

36 W. Antietam Street

Hagerstown, MD 21740

Schedule a Hearing

The court automatically schedules a hearing date before a judge. The defendant will be notified by

first class mail of the date and time of the hearing.

Waiver Hearing

The hearing is not a trial. The officer who issues a citation will not be present at the hearing as a

witness, nor will other witnesses be permitted to testify. The hearing gives a defendant the

following options:

 Explain to the judge why an offense was committed;

 Ask that the fine be reduced or waived; or

 Ask the judge to order probation instead of a conviction because of extenuating

circumstances

At the hearing, the judge may:

 Lower or increase a fine (up to a maximum of $500)

 Order probation before judgment

 Place someone on probation and order conditions of probation

Enforcement

After the hearing, the defendant is required to comply with the court order. If fines and costs are

imposed, a defendant may pay the fine at the court, or must pay in the manner described above in

Track 1.

Post-Judgment

An appeal must be noted in the District Court within 30 days after the order has been entered (Rule

4-509). There are non-refundable court costs for filing an appeal. A defendant cannot appeal

probation before judgment.

Plead Not Guilty and Request a Trial

A defendant may plead not guilty and request a trial date within 30 days of receiving a citation.

Initiate a Traffic Payable Case

The following steps are required to initiate a traffic payable case in order to plead not guilty and

request a trial date:

(c) Check the "Request a Trial" option box on the Return to Court copy of the handwritten

citation and the envelope, or on the electronic version Option Form (used by defendants

who have lost the paper copy of the citation).

(d) Sign, date, and mail the form to:

District Court of MD.

PO Box 6676

Annapolis, MD. 21401

Or mail/appear at

District Court of Maryland 11-02

36 W. Antietam Street

Hagerstown, MD 21740

Schedule a Trial

The court automatically schedules a trial date before a judge. The defendant will be notified by the

District Court by first class mail of the date and time of the trial. The public is notified that this

process may take several weeks.

Trial

At a trial, the officer who issued the citation and any witnesses that were summonsed will testify

and the defendant will have an opportunity to present his or her side of the case. After hearing both

sides, the judge will render a decision.

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

of “innocent.” However, a defendant, if found "not guilty," can be described as having been

acquitted. If there is a finding of "not guilty," it simply reflects the fact that the prosecution failed to

prove guilt beyond a reasonable doubt. Other common resolutions of cases other than a verdict by

the judge include:

 Nolle Pros. The State opts to end the prosecution and dismisses the charge.

 Stet. A suspension of the prosecution. The State may reopen the case without the need for

the defendant to be recharged. A case may be reopened because of the defendant’s arrest on

additional charges or his/her failure to live up to some agreed-to-condition within a

reasonable time after the entry of the stet.

 Probation before judgment (PBJ). This is a common resolution in many District Court trials.

The defendant is found guilty or pleads guilty. However, the final entry of judgment is

technically suspended.

 Dismissal

 Merge

Post-Judgment

An appeal must be noted with the District Court 30 days after the order has been entered (Rule 4-

509). There are non-refundable circuit court costs for filing an appeal. A defendant cannot appeal

probation before judgment.

Postponements or Schedule Changes

The postponement policy for traffic payable 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: