What Are Maryland Traffic Court Records?

Maryland traffic court records represent all the records generated from the proceedings of a traffic court in the state of Maryland. They include legal documents and case files related to moving and non-moving violations under the motor vehicle code of Maryland. These encompass records related to traffic infractions, misdemeanors, and felonies.

Are Maryland Traffic Court Records Public Records?

Under the public access to information law, all records of proceedings from traffic court are considered public records and, as such, are available to be reviewed by members of the general public. Only traffic records which have been restricted by a court order or the law, are exempted.

Getting a Traffic Ticket in Maryland.

A Maryland traffic ticket or Uniform Complaint and Citation form is a legal document issued for violations of traffic laws and statutes by a law enforcement officer, in the state of Maryland. It is representative of the sworn account of the officer, of the observed violation. The ticket will be filled in by the officer and will contain all relevant information regarding the alleged incident. This information will include the ticket number (for administrative purposes), the defendant’s bio-data including full name, current address (physical and mailing), height, weight, sex, and date of birth as well as information about the defendant’s license and details about the vehicle involved in the alleged offense. It will indicate the exact location of the incident with time and date, listing the county or city. The violation the offender is accused of, with the charge and the total fine amount due will also be noted on the ticket. Essentially the ticket will indicate whether the offense is payable or the defendant must make a court appearance to answer charges.

The officer will include his name, signature, date (of issuance), agency and ID number, affirming that the contents of the document are truthful to the best of his knowledge. The defendant will sign, before receiving his copies, as an acknowledgment of receiving the citation. This is not viewed as an admission of guilt under the law, but the defendant can be arrested if he/she refuses to do so. The defendant will receive two copies with an envelope, one of which is a “Return to Court” copy indicating whether the defendant is requesting a waiver hearing to admit guilt but explain circumstances to the judge or a trial. This must be completed, signed and sent to the address on the envelope even if the defendant is paying the ticket. The reverse of the defendant’s copy will contain information on how to respond to the citation.

Traffic offenses in Maryland can be infractions, misdemeanors or felonies depending on the circumstances. An infraction is a violation listed in the Maryland Transportation Article and is considered the least serious. These do not come with jail time. A misdemeanor is any violation of the Maryland Transportation Article, unless there is a civil penalty or unless the misdemeanor is increased to a felony. These carry the possibility of jail time. Felonies are specific violations designated in the Transportation Article, which come with jail time much higher than misdemeanors. Traffic offenses are also designated as either “Payable” which is a minor offense not requiring mandatory court appearance or “Must Appear” which are major offenses and require a court appearance.

The state of Maryland employs a points-based driving record system and convictions for traffic violations will be reported to the Maryland Motor Vehicle Administration (MVA) and result in points being added to your driving record. Accrue 5 points in 2 years and you will be invited for a conference with the MVA. 8 points in 2 years will lead to a license suspension.

Typically Maryland traffic violations and infractions are either moving or non-moving offenses. Moving violations are offenses committed by vehicles in motion, while Non-moving violations tend to mostly involve parked vehicles or faulty/broken vehicle equipment. Non-moving violations are not reported to the Maryland Motor Vehicle Administration and, thus, are not recorded up on your driving record.

What to Do When You Get a Traffic Ticket in Maryland?

The course of action upon receiving a Maryland traffic ticket depends on the designation of the offense committed i.e. whether it is deemed “Payable” or “Must Appear”. Any action taken must be done within 30 days of receiving the citation, as failure to comply in that time and a report will be sent to the MVA and your license will be suspended.

If you receive a citation and it is indicated to be a payable offense, you can either opt to

• Pay the traffic ticket
• Request a Waiver Hearing
• Request a trial

Opting to pay the ticket is an admission of guilt and is viewed as a conviction on your record. You also agree to waive all your rights to challenge the ticket in court. Points will be assessed on your record by the MVA. Payment can be made in person at the court clerk’s office, on the Maryland Judiciary website or by mailing the “Return to Court” copy with money order or check for the total amount, in the attached envelope. This will be viewed as a conviction and a report will be sent to the MVA and points will be added to your record.

Requesting for a Waiver hearing is also viewed as an admission of guilt, but you will be given the opportunity to explain the circumstances to the judge and ask for a reduction or dismissal of fines and other penalties. You pick this option by checking the appropriate box on the “Return to Court” copy and mail in the provided envelope. You will be mailed a notice by the court with a date to appear for the hearing, where you can provide your explanation to the judge. You may also request for probation before judgment (PBJ) where the final entry of judgment is technically suspended, and if you are granted this, points will not be added to your record as this is not a conviction.

Requesting a trial is viewed as a notice to exercise your right to challenge the ticket in court. It is recommended that you consult a traffic attorney if you go with this option. To pick this option, you check the appropriate box on the “Return to Court” copy and mail it in the provided envelope. You will receive a notice with a date to appear for the trial. The officer who issued your ticket will be present to testify, and you will be able to present your side of the case. After hearing all of the evidence, the judge will decide whether you are guilty or not guilty.

A not-guilty ruling will see all charges against you dismissed and you will be freed of all fines and penalties and points will not be added to your driving record. You may still liable for court fees. A guilty ruling will mean you are liable for the total amount of the fine and penalties plus any other costs applied by the court. Your conviction will also be reported to the MVA and points will be added to your driving record.

If you receive a citation and it is checked “Must Appear”, then a court appearance is required to resolve the case. It is advisable to retain the services of an attorney if this happens. You will receive a summons in the mail that will include the date, time and location of the trial. Failure to appear may result in a warrant for your arrest. At your court appearance, you can decide to plead guilty and accept all fines and penalties or you can plead not guilty and face the trial.

How Do I Find Maryland Traffic Court Records?

In the state of Maryland, driving records are maintained by the MVA and a request for the driving record of an individual can be made using the MVA web-portal, by telephone, or by visiting the closest MVA center. You will receive a non-certified copy of the records, which will contain no personal information (such as name, address, social security number), but will contain the public records (driving status, offenses for the past 3 years, etc.). If you require records of the court proceedings or certified copies of the driving record, then you will need to make that request at the office of the court clerk of the county where the case was heard or District Court traffic processing center. It may also be possible to obtain the records using third party websites.

Publicly available records are accessible from some third-party websites. These websites offer the benefit of not being limited by geographical record availability and can often serve as a starting point when researching specific or multiple records. To find a record using the search engines on these sites, interested parties must provide:

• The name of someone involved, providing it is not a juvenile
• The assumed location of the record in question such as a city, county, or state name

Third party sites are not government sponsored websites, and record availability may differ from official channels.

What information is required to obtain Maryland Traffic Court Records?

To obtain records you must provide information about the particular record including full name (as it appears on the record), date of birth and the case file number. The requestor will also need to provide their information including full name, address and a valid form of identification. Fees will apply and must be paid before you can receive the records.

Are all Traffic Violations handled the same way, in Maryland?

Traffic violations are generally handled in the same manner despite the level of the offense. Fines and points received will be different, and depend on the severity of the offense, but the procedures for responding to the violation will be similar.

Can Maryland Traffic Records be sealed or expunged?

In Maryland’s expungement of traffic, records refer to the removal of points and violations from your driving record as a consequence of your conviction of various traffic infractions. The Maryland Motor Vehicle Administration (MVA) handles all expungements and it will automatically expunge a violation from a person’s driving record for three years after a conviction,

• If you have not been convicted of a traffic violation or criminal offense in the past three years
• Your Maryland driver’s license has not been suspended or revoked
• You have not been convicted of, or granted probation before judgment (PBJ), for fleeing the scene of an accident with injury or death, DUI, DWI, or other similar offenses.

If you not eligible for an automatic expungement, you can request a manual expungement by submitting a request to the Maryland MVA.

How does one end up in a Maryland Traffic court?

You end up in a Maryland traffic court if you receive a traffic citation from a law enforcement officer and

• It is a payable offense, but you wish to request a waiver hearing
• It is a payable offense, but you wish to request a trial and contest the ticket.
• The citation indicates you must appear in court and is effectively a court summons.

Which Courts in Maryland have jurisdiction to hear traffic violation matters?

In Maryland, traffic offenses and infractions are heard in the district court of the county in which the infraction occurred. If you choose to appeal the decision, then the appeal will be heard in circuit court.