It is important to understand exactly what the prosecutor will have to prove should you take the ticket to trial. You can start by looking up the citation statute or ordinance number located on the face of your ticket. Every traffic infraction can be broken down into what lawyers call elements: things that must all be proven in order for a judge to find you guilty. Two elements are:
" Where you were ticketed; and
" Your unlawful action, such as going 50 MPH in a 30 MPH zone.
The prosecution will have to prove each element of the infraction.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Maryland Motion to Dismiss Traffic Citation is a legal document filed by individuals who wish to contest a traffic citation they received in the state of Maryland. This motion is submitted to the court with the aim of having the traffic citation dismissed, which would relieve the individual from any fines, penalties, or potential points on their driving record. Keywords: Maryland, motion to dismiss, traffic citation, legal document, contest, fines, penalties, points, driving record. There are different types of Maryland Motion to Dismiss Traffic Citation that individuals can file, depending on the circumstances of their case. Here are a few common types: 1. Lack of Evidence: If the individual believes there is insufficient evidence to support the traffic violation stated in the citation, they can file a motion to dismiss based on lack of evidence. This motion asserts that the evidence provided by the law enforcement officer is insufficient to prove guilt beyond a reasonable doubt. 2. Improper Procedure: In some cases, individuals may contend that the ticketing officer did not follow the proper procedure during the traffic stop or did not adhere to established protocols. The motion to dismiss based on improper procedure argues that the citation should be dropped due to procedural errors. 3. Radar or Equipment Malfunction: Another type of motion to dismiss is related to radar or equipment malfunction. If the individual believes that the radar device used by the law enforcement officer was faulty or not properly calibrated, they can file this motion to challenge the citation's validity. 4. Constitutional Violation: Individuals may also file a motion to dismiss if they believe that their constitutional rights were violated during the traffic stop, such as illegal search and seizure or Miranda rights violations. This type of motion seeks to have the citation thrown out on the grounds of constitutional infringement. 5. Mistaken Identity: In certain cases, individuals may argue that they were erroneously identified as the violator, and they were not the ones who committed the traffic offense. A motion to dismiss based on mistaken identity asserts that there was a mix-up, and the citation should be dismissed due to the wrong identification. It is important to note that the success of a motion to dismiss a traffic citation in Maryland depends on various factors, including the strength of the argument presented, the evidence available, and the judge's discretion. Seeking legal advice from a qualified attorney is crucial to understand the specific requirements and increase the chances of a favorable outcome.
