Hello everyone. Wordy explanation to what could be answered in a few words, so I put a TLDR at the end if you want to skip to it.
I received a traffic citation for speeding about a month ago in a nearby county (as a part of a speed trap that caught about 5 other people in the time I was there, but that's not necessarily critical to my point). The citing officer was a Maryland State Trooper. I signed the citation, chose to Request a Waiver Hearing, and sent it in.
I just received in the mail the Notice of Trial Date for the citation, and noticed immediately that the District Court listed is not even remotely close to the location of where the ticket was issued. The citation was issued in Carroll County, and I received a summons to the District Court of Calvert County (over two hours from the location of the issuance). It seems to me that the State Trooper filed the ticket in the wrong county (Calvert v Carroll are obviously close alphabetically). I am wondering about the next steps to take here, and the possible outcomes of this confusion.
I have read elsewhere that this is grounds for Dismissal without Prejudice, implying that the officer is able to refile the citation in the proper jurisdiction after dismissal in the improper one. But I wanted to ensure that this would be the proper outcome specific to my state (the forum posts I have read of similar cases were in other states).
Should I contact the court and notify them of the incorrect venue? Should I file a motion for dismissal?
If my court date is set for one month from today, how long do I have to notify the court?
Will the officer refile the case, or will the court refile for them? Would he even bother to do so, as I said before it was a speed trap and the officer was young and even suggested that I fight the ticket for PBJ? (I guess this is his discretion of course, but I am unfamiliar with the process and how much of a burden it puts on him to refile)
I can contact an attorney for advice, but would prefer to not incur any fees because of my confusion due to an error by the State. I am hoping I do not have to take time off of work to drive over two hours (and be at the court by 9 am....) just to tell them in person that the officer made a clerical error.... and then do another court date at another time.... with another day off work....
I feel that I will most likely receive PBJ (this is my first ticket) and would rather just have the issue thrown out altogether if possible. But if the best outcome is that the hearing is rescheduled and moved closer to my location I am satisfied with that.
Sorry for the long post. I'm just slightly confused as to the exact proceeding from here, and how the timeframe of the events works for the state of Maryland. Thanks for any advice you have to offer.
TLDR Maryland State Trooper filed traffic ticket in wrong county, not even close to right venue. What do I do now?
I received a traffic citation for speeding about a month ago in a nearby county (as a part of a speed trap that caught about 5 other people in the time I was there, but that's not necessarily critical to my point). The citing officer was a Maryland State Trooper. I signed the citation, chose to Request a Waiver Hearing, and sent it in.
I just received in the mail the Notice of Trial Date for the citation, and noticed immediately that the District Court listed is not even remotely close to the location of where the ticket was issued. The citation was issued in Carroll County, and I received a summons to the District Court of Calvert County (over two hours from the location of the issuance). It seems to me that the State Trooper filed the ticket in the wrong county (Calvert v Carroll are obviously close alphabetically). I am wondering about the next steps to take here, and the possible outcomes of this confusion.
I have read elsewhere that this is grounds for Dismissal without Prejudice, implying that the officer is able to refile the citation in the proper jurisdiction after dismissal in the improper one. But I wanted to ensure that this would be the proper outcome specific to my state (the forum posts I have read of similar cases were in other states).
Should I contact the court and notify them of the incorrect venue? Should I file a motion for dismissal?
If my court date is set for one month from today, how long do I have to notify the court?
Will the officer refile the case, or will the court refile for them? Would he even bother to do so, as I said before it was a speed trap and the officer was young and even suggested that I fight the ticket for PBJ? (I guess this is his discretion of course, but I am unfamiliar with the process and how much of a burden it puts on him to refile)
I can contact an attorney for advice, but would prefer to not incur any fees because of my confusion due to an error by the State. I am hoping I do not have to take time off of work to drive over two hours (and be at the court by 9 am....) just to tell them in person that the officer made a clerical error.... and then do another court date at another time.... with another day off work....
I feel that I will most likely receive PBJ (this is my first ticket) and would rather just have the issue thrown out altogether if possible. But if the best outcome is that the hearing is rescheduled and moved closer to my location I am satisfied with that.
Sorry for the long post. I'm just slightly confused as to the exact proceeding from here, and how the timeframe of the events works for the state of Maryland. Thanks for any advice you have to offer.
TLDR Maryland State Trooper filed traffic ticket in wrong county, not even close to right venue. What do I do now?
