Legal Question in Traffic Law in Maryland

I never got any Summons from the District Court of Maryland, so I went to court on the date designated on the citation. The clerk told me that my name wasn't on the docket because they "received the citation too late". I was given a new court date.

On the back of the ticket, it states: "If you have been told by the officer who issued this Citation that you must appear in court and stand trial, it is necessary for you to do so at the time and place designated hereon, or when notified by the Court."

It says "OR". I took the day off work and now have to take another day off to make the new court date.

Are there any grounds for a Motion to Dismiss?

Asked on 3/12/13, 8:09 am

2 Answers from Attorneys

William Welch William L. Welch, III Attorney

No, that is not a basis for dismissal. Unfortunately, you must appear every time that you were summoned to do so, or else you risk that a bench warrant will be issued for your rest, and you might be held in contempt of court, regardless of what might happen with the initial charge that brought you to court in the first place. There is no right nor a limit to postponements. They are within the court's discretion. As a practical matter, most judges will not tolerate repeated postponements for either side. An attorney can assist you with evaluating the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to plea bargain or go to trial. If you were to be found guilty, then an attorney can assist you with presenting mitigation, allocution, and a recommendation for a more lenient sentence. and a recommendation for a more lenient sentence. Consider seeking a confidential consultation with an experienced criminal defense attorney. Beware that online posts are not confidential. If somehow the prosecution were to find your post, then it might be used in evidence against you.

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Answered on 3/12/13, 9:37 am
joseph owens OwensLaw


This would be valuable information to present to the judge. Although, you must appear for trial; once you appear the judge will consider whether certain rights were violated to include your right to a speedy trial.

Depending on the charge an attorney will be advisable. Feel free to contact me with any questions you may have.

Joseph Owens

10 East Mulberry Street

Baltimore, Maryland 21202

410 246 2152

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Answered on 3/12/13, 12:36 pm

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