What Are Maryland Traffic Court Records?

Maryland traffic court records are records generated from the proceedings of a traffic court in Maryland. They include legal documents and case files related to moving and non-moving violations under Maryland's Motor Vehicle Code. These encompass records related to traffic infractions, misdemeanors, and felonies.

Are Maryland Traffic Court Records Public Records?

Under the public access to information law, records of proceedings from traffic court are considered public records and, as such, are available to be reviewed by members of the general public. However, traffic records that a court order or the law has restricted are exempt from public disclosure.

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 Maryland. It is the officer's sworn account of the observed violation. The officer may fill in the ticket containing all relevant information regarding the alleged incident. This information may 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 may indicate the exact location of the incident, including time and date, and list the county or city. The violation the offender is accused of, along with the charge and the total fine amount due, may also be noted on the ticket. Essentially, the ticket may indicate whether the offense is payable or if the defendant may be required to make a court appearance to answer charges.

The officer may include his name, signature, date (of issuance), agency, and ID number, affirming that the document's contents are truthful to the best of his knowledge. The defendant may sign before receiving his copies as an acknowledgment of receiving the citation. This may not be viewed as an admission of guilt under the law, but the defendant can be arrested if they refuse to do so. The defendant may 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 may 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 may 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 Statutes/Laws, 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, with much higher jail time than misdemeanors. Traffic offenses are also designated as either "Payable", " a minor offense not requiring a mandatory court appearance, or "Must Appear" which are major offenses requiring a court appearance.

Maryland employs a points-based driving record system. Convictions for traffic violations may 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 may be invited to a conference with the MVA. 8 points in 2 years may 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 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 may be done within 30 days of receiving the citation, as failure to comply in that time and a report may be sent to the MVA and your license may 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 may be considered an admission of guilt and might viewed as a conviction on your record. You also agree to waive all your rights to challenge the ticket in court. Points may 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 a money order or check for the total amount in the attached envelope. This may be viewed as a conviction, and a report may be sent to the MVA, and points may be added to your record.

Requesting for a Waiver hearing is also viewed as an admission of guilt, but you may 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 it in the provided envelope. You may 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 probation before judgment (PBJ), where the final entry of judgment is technically suspended, and if you are granted this, points may not be added to your record as this is not a conviction.

Contesting a Traffic Ticket in Maryland

Requesting a trial is viewed as a notice to exercise your right to challenge the ticket in court. You may 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 may receive a notice with a date for when you will appear for the trial. The officer who issued your ticket may be present to testify, and you may be able to present your side of the case. 

What to Expect in a Maryland Traffic Court

After hearing all the evidence, the judge may decide whether you are guilty or not.

A not-guilty ruling may see all charges against you dismissed and you may be freed of all fines and penalties and points may not be added to your driving record. You may still liable for court fees. A guilty ruling may mean you are liable for the total amount of the fine and penalties plus any other costs applied by the court. Your conviction may also be reported to the MVA and points may 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 may receive a summons in the mail that includes 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 Maryland, the MVA maintains driving records, and a request for an individual's driving record can be made using the MVA web portal, by telephone, or by visiting the closest MVA center. You may receive a non-certified copy of the records, which may contain no personal information (such as name, address, and social security number) but may contain 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, you may need to make that request at the office of the county court clerk where the case was heard or the 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 may 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 may be required to 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 may also need to provide their full name, address, and a valid form of identification. Fees may apply and may 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 may be different and depend on the severity of the offense, but the procedures for responding to the violation may 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 may automatically expunge a violation from a person's driving record for 3 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 are 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 may 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 that you need to appear in court and is 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 may be heard in circuit court.

How to Prepare for Traffic Court in Maryland

Preparing for traffic court in Maryland involves steps similar to those in other states but with attention to Maryland's specific laws and regulations. To prepare for a court date:

• Understand the citation you received and the potential consequences, including points on your driving record and fines
• Research Maryland's traffic laws relevant to your case
• Consider consulting with a traffic attorney who can provide guidance and representation
• Collect any evidence or witnesses that may support your defense.