Can You Sue a Police Officer for Violating Your Legal Rights During a Traffic Stop in Maryland?
Drivers who have had a bad experience with law enforcement, even incidents not involving physical injuries, may wonder if there is legal recourse for violations of your legal rights during a traffic stop. Violations of rights cases are serious, and gathering compelling evidence is essential to strengthening the validity of your claims. Lawsuits against police officers are complex and require the legal guidance of an experienced Maryland lawyer.
Police officers are not above the law. If you have been a victim of police abuse or misconduct during a traffic stop, attorney Hillel Traub at The Law Office of Hillel Traub can help you assess if you have grounds for a lawsuit against the officer. With over 30 years of experience and an extensive track record of success. He is well-versed in building complex cases to protect your legal rights and seeking the maximum damages you deserve for police misconduct or abuse during a traffic stop.
- When Can You Sue a Police Officer for Violating Your Legal Rights During a Traffic Stop?
- Types of Claims You May Seek Against a Police Officer
- Speak With an Experienced Maryland Traffic Lawyer at the Law Office of Hillel Traub
When Can You Sue a Police Officer for Violating Your Legal Rights During a Traffic Stop?
There are specific circumstances where you may be eligible to seek legal action against a police officer for violating your rights during a traffic stop. These types of lawsuits are very challenging and require the legal counsel of an experienced lawyer to guide you through your best legal options.
There are several types of police misconduct or abuse that may occur at a traffic stop, including the following:
- Police brutality
- Acts of corruption
- Perjury
- Falsification of evidence
- Racial profiling
- False arrest
- Coercion
- Fraud
- Abuse of authority
- Spoliation of evidence
- Sexual or physical assault
Federal and state laws protect individuals from abuse or misconduct that occur by government officials. However, police officers have legal protections, including qualified immunity, which only holds them accountable if they violate someone’s legal rights, as shown through existing case law. Qualified immunity does not apply if there’s evidence that a police officer acted intentionally in an unlawful manner.
An experienced lawyer can help you determine all liable parties who have violated your legal rights and what compensatory damages they may be accountable for.
Types of Claims You May Seek Against a Police Officer
In a civil lawsuit against a police officer, the jury involved will assess whether the officer’s actions satisfied specific civil lawsuit elements or if the officer was responding in fear of their safety. The following are the types of claims you may seek against a police officer:
Emotional Distress
You may sue a police officer for infliction of emotional distress for either a reckless, negligent, or intentional act that causes emotional injury or suffering. The court may consider the following when determining whether there was an infliction of emotional distress:
- The officer was aware the victim was susceptible to emotional distress
- There was a clear pattern of misconduct
- The officer was in a position of power
To prove emotional distress, you must prove that the officer acted with extreme and outrageous behavior that doesn’t adhere to societal norms.
Misconduct
The most common misconduct claims include the following:
- Discrimination
- False arrest
- Excessive force
- Harassment
It is essential to provide evidence of a pattern of behavior, such as surveilling or spying on you illegally, making racist, homophobic, or sexist comments, or racial profiling. You may prove misconduct using dashcam footage or other video footage, photos, witness testimony, or other forms of evidence.
Violation of Legal Rights
Under 42 U.S.C. § 1983, police officers are prohibited from violating citizens’ civil rights under the US Constitution. If your legal rights have been violated, you may sue a law enforcement officer, the police department, or the Department of Justice.
Speak With an Experienced Maryland Traffic Lawyer at the Law Office of Hillel Traub
Many victims of police abuse or misconduct believe they don’t have any legal recourse against a police officer who abused their power during a traffic stop. At The Law Office of Hillel Traub, we are committed to fighting for police abuse victims to get them the justice they deserve. We can help you build a compelling case by investigating the incident, obtaining valuable evidence, and interviewing eyewitnesses.
Attorney Hillel Traub is a former lawyer for the MVA with over 30 years of experience and an extensive record of proven results. Schedule a no-cost consultation by calling (410) 220-6976 or filling out our contact form.
In recent years, electric bikes, or e-bikes, have gained popularity as a convenient and eco-friendly alternative to transportation. With their rising popularity, questions have emerged about the legality of riding an electric bike for individuals barred from driving in Maryland. Maryland State Law regulates e-bikes under MD Transp Code § 11-104 (2019), which classifies them as standard bicycles. As such, there are no licensing requirements for electric bicycles, and individuals barred from driving motor vehicles may opt to use this mode of transportation to get from place to place.
Riding an electric bicycle means you must abide by bicycle laws, including stopping at stop signs, following traffic laws, traveling in the direction of traffic, yielding to others sharing the road, and more. With over 30 years of experience, Attorney Hillel Traub can provide insight into the regulations surrounding e-bike usage in the state if an individual has driving restrictions.
- Understanding Types of Electric Bikes in Maryland
- Can Barred Drivers Legally Ride Electric Bikes in Maryland?
- Contact an Experienced Lawyer at The Law Office of Hillel Traub Today
Understanding Types of Electric Bikes in Maryland
Maryland defines electric bikes as bicycles with completely operational pedals, a 750W motor, and a maximum speed of 28 mph on flat surfaces. Generally, electric bike motors must be designed to disengage at 28 mph.
The following are three classifications of electric bicycles in Maryland:
- Class 1: Equipped with a pedal-assist-only motor that prevents the bike from reaching over 20 mph.
- Class 2: Equipped with a motor to move and stop the bicycle when the bike reaches 20 mph.
- Class 3: Equipped with a motor that supplies assistance when you are pedaling and halts when you stop pedaling or when the bicycle reaches 28 mph.
Certain individuals in Maryland may face driving restrictions due to various reasons, such as license suspension, revocation, or disqualification. These restrictions could be a result of traffic violations, DUI convictions, medical conditions, or other legal issues. Speak with an experienced lawyer at The Law Office of Hillel Traub to provide legal guidance if you have concerns about how driving restrictions may impact your ability to use an electric bicycle.
Can Barred Drivers Legally Ride Electric Bikes in Maryland?
Generally, individuals barred from driving are permitted to ride electric bikes in Maryland, as these vehicles are considered bicycles. However, there are some crucial points to consider:
- Compliance with e-bike regulations: To be legally operated in Maryland, e-bikes must meet the state’s requirements, such as the maximum power and speed limits of 750W and 28 mph. Additionally, e-bikes must be equipped with operable pedals, and the rider must be 16 years old to ride a Class 3 electric bike.
- Location restrictions: It is essential to be aware of local laws and regulations that may impose additional restrictions on e-bike usage. Some areas, such as parks and trails, may have their own rules regarding the use of this type of transportation.
- Restrictions due to legal orders: In exceptional cases, an individual’s legal orders or probation terms may include specific on operating any type of vehicle, including electric bikes. In these instances, it’s vital to follow court orders to avoid further legal consequences.
For individuals barred from driving in Maryland, an electric bike can provide a convenient and eco-friendly alternative mode of transportation. However, it’s advisable to consult with experienced traffic violations lawyers to ensure compliance with all relevant regulations and restrictions, providing peace of mind before you hit the road.
Contact an Experienced Lawyer at The Law Office of Hillel Traub Today
For individuals facing driving restrictions in Maryland, an electric bike can serve as a viable and lawful means of transportation. To navigate the complexities of electric bike laws and ensure compliance, seek the legal guidance of Attorney Hillel Traub. As a former lawyer for the MVA, he will advise you of your best legal options.
Contact us for a free consultation by calling (410) 220-6976 or filling out our contact form.
If you have been charged with a DUI in Maryland, you will receive breath testing to determine your blood alcohol content (BAC). During this time, you have the right to request an independent blood test. The results from this test can be crucial in contesting your charges. The experienced lawyer at The Law Office of Hillel Traub can help you request an independent blood test and fight for your rights every step of the way.
With over 30 years of experience handling complex DUI defense cases, you can trust us to manage every aspect of your case effectively and efficiently. Hillel Traub is an award-winning attorney with positive client reviews and peer recognition, giving you the peace of mind that your case is in the right hands. Our dedicated attorney combines the knowledge and resources of a large firm with the relationship of a small one to help you make the best decisions for your future.
- Understanding the Independent Blood Test Request Process in Maryland
- Can You Use Independent Blood Test Results as Evidence in Your Maryland DUI Case?
- Learn More About Independent Blood Testing With the Knowledgeable Maryland DUI Defense Lawyer at The Law Office of Hillel Traub
Understanding the Independent Blood Test Request Process in Maryland
When getting blood tests for your DUI case, a licensed physician or nurse must be the one to conduct them. The blood kit must be drawn properly, observed by an officer, and sealed for forensic examination. Typically, the police request two blood samples, and you can request a third to be collected for independent testing. This independent test must be done by a licensed private medical professional, which we can help you find. We ensure the company you choose for your independent test meets all requirements and has the proper certifications.
When the blood test is complete, you will receive the results, which we can then use as key evidence in your case. Having our lawyer’s help for this process is essential to ensure the blood test is conducted correctly and the results can be used to potentially reduce or drop your charges.
Can You Use Independent Blood Test Results as Evidence in Your Maryland DUI Case?
Your independent blood test results can be used as evidence in your DUI case. Based on your unique circumstances, we may utilize the information to demonstrate the following points:
- You had a prescription drug in your bloodstream.
- You have a condition that could have impacted your breathalyzer test results.
- The police blood tests were not timed or administered properly.
In addition to being relevant to your case and complying with regulations, a licensed professional must authenticate your independent blood test results. This can be done through documentation, statements, records, and court testimony. Once we have confirmed your results follow these regulations, we may use them to challenge the state’s evidence and the police’s blood test results during the negotiations and trial.
Learn More About Independent Blood Testing With the Knowledgeable Maryland DUI Defense Lawyer at The Law Office of Hillel Traub
The aftermath of receiving DUI charges can be expensive, and you may not know all your rights in your situation. With the help of the experienced lawyer at The Law Office of Hillel Traub, you can better understand your case and legal options, including independent blood testing. With the results of this test, we can help protect your best interests and fiercely advocate for a successful outcome.
As a former lawyer for the MVA with over 30 years of experience, Attorney Hillel Traub has the dedication, skills, and knowledge to take on your DUI defense case and fight for you. We understand the high stakes involved in your case, so we consider every detail in building a solid defense and protecting your rights. To schedule a free consultation, call us at (410) 220-6976 or fill out our contact form.
Many drivers lose their license for driving under the influence, refusing to take a breath test, or accumulating too many points on their license. However, Maryland drivers may also lose their driving privileges for failing to pay child support. The state’s Motor Vehicle Administration (MVA) and Child Support Enforcement Administration (CSEA) work together to collect child support payments and revoke driver’s licenses for those who fail to pay for more than 60 days. If this happens to you, it is crucial to know that the CSEA decides when the MVA can remove the suspension.
After losing your driving privileges because of unpaid child support, reach out to Attorney Hillel Traub. He will represent you at hearings and work toward reinstating your license.
- What to Do after the CSEA Suspends Your License
- How to Reinstate Your Driver’s License
- Skilled Maryland Defense Attorney Is Here to Help
What to Do after the CSEA Suspends Your License
Before notifying the MVA, the CSEA will send you a written notice that explains your right to request an investigation if you disagree with the suspension and will include various important dates regarding the case. You cannot miss any deadline within the notice. Immediately contact the CSEA to address this issue and not the MVA. They do not have any jurisdiction over this matter.
If you do not pay the entire amount owed or work out an agreement with the CSEA, you must return your driver’s license to any MVA branch in person or by mail. You should receive a receipt from the MVA if you drop off the license in person. If you no longer have a driver’s license, you must complete a Certified Statement form.
How to Reinstate Your Driver’s License
To fully reinstate your driver’s license, you must either pay the total amount owed or set up a payment plan. Once you do this, a CSEA representative will notify the MVA. You can then apply for a new unrestricted Maryland license.
However, if you need a license to get to work, you may fill out a Work-Restricted Driver’s License Authorization letter to the MVA to obtain the restricted license. With this license, you can only drive to and from work and to locations necessary for your job. You may also call the CSEA to explain why you need a license, such as to complete school or training. If they approve it, you can apply for a restricted license. Remember, you can only drive to approved locations on this license or risk fully losing your driving privileges.
Skilled Maryland Defense Attorney Is Here to Help
If you are at risk of losing your Maryland license because of unpaid child support, contact The Law Office of Hillel Traub. Attorney Hillel Traub understands when, how, and why the MVA or CSEA suspends driver’s licenses and what rights you have to contest the suspension. He will also help determine what legal rights and remedies are available, and he can inform you of all potential avenues specific to your case. Additionally, Attorney Traub formerly served as an attorney for the Maryland MVA, bringing a unique perspective to these cases. To schedule a free consultation, call (410) 220-6976 or complete our contact form.
Driving slower than the flow of traffic may seem safer, but driving too slowly can be just as dangerous as speeding. Believe it or not, driving too far under the speed limit can interfere with the flow of traffic, frustrate other drivers, and even cause accidents. In Maryland, driving significantly below the speed limit or impeding traffic flow can also result in a ticket.
With over 30 years of experience representing Maryland drivers, Attorney Hillel Traub understands the nuances of traffic laws that might seem uncommon, such as tickets for driving too slowly. At The Law Office of Hillel Traub, our extensive experience includes advocating for drivers in similar situations and navigating the complexities of Maryland’s traffic system, ensuring fair treatment in these often-overlooked cases.
- What You Should Know About Maryland’s Slow Driving Laws
- Situations Where Slow Driving May Lead to a Ticket
- Potential Penalties for Driving Too Slowly on Maryland Roads
- Were You Penalized for Driving Too Slow in Maryland?
What You Should Know About Maryland’s Slow Driving Laws
Maryland’s “basic speed law” states that drivers should not operate their vehicle at a speed that impedes the normal and reasonable flow of traffic, regardless of the posted speed limit. This applies not only to speeding but also to excessively slow driving. A driver can be cited if driving at a slower pace interferes with other vehicles’ ability to maintain a consistent speed.
Minimum Speeds
While Maryland doesn’t enforce a minimum speed on all roads, specific roadways, particularly highways, often have minimum speed requirements. On such roads, driving below the minimum speed can lead to a ticket if there is no valid reason for it, such as severe weather, heavy traffic, or vehicle issues.
Left-Lane Driving
Maryland also enforces rules on left-lane driving. The left lane is meant for passing or faster-moving traffic. If you’re driving slower than the general flow, you should remain in the right lane to avoid disrupting traffic. Failing to follow this rule may lead to a citation and potentially fines.
Situations Where Slow Driving May Lead to a Ticket
Common scenarios in which driving too slowly might result in a traffic citation in Maryland include:
Highway Driving
On highways, slower vehicles in the left lane can quickly cause frustration and dangerous driving behavior when other drivers attempt to pass. Be sure to maintain an appropriate speed and use the right lanes if you are traveling at a slower pace to prevent impeding faster-moving traffic.
School Zones and Construction Areas
While driving slowly in school zones or construction areas is encouraged for safety, driving too slowly can disrupt the intended flow and create unexpected stops or congestion. Ensure you follow posted speeds to stay compliant with traffic flow expectations.
Weather Conditions
Maryland’s variable weather often requires drivers to slow down for safety, especially during rain, snow, or fog. While reducing speed in poor conditions is generally acceptable, driving excessively slowly, even in adverse weather, could still disrupt traffic flow. Drivers should maintain a reasonable pace, given the road and weather conditions.
Potential Penalties for Driving Too Slowly on Maryland Roads
Drivers who receive a ticket for slow driving may face various penalties, depending on the situation’s specifics. Potential penalties include:
- Fines: A ticket for slow driving usually results in fines, though the amount may vary based on the location and severity of the infraction. Fines are often higher for repeat offenses or violations on busy highways.
- Points on your license: In Maryland, traffic violations come with points added to your license. Accumulating too many points within a given timeframe can lead to license suspension.
- Increased insurance premiums: Receiving a traffic ticket, even for slow driving, may affect your insurance premiums. Insurance providers often review driving records to determine risk; multiple, citations can lead to higher rates.
If you’ve received a slow-driving ticket, consulting with an attorney may be beneficial in navigating the situation and potentially reducing the impact on your record.
Were You Penalized for Driving Too Slow in Maryland?
Attorney Hillel Traub’s background as a former lawyer for the MVA gives him a unique perspective on how these slow-driving cases are prosecuted, enabling him to approach each client’s situation with precision and care.
If you have been cited for driving too slowly in Maryland, The Law Office of Hillel Traub can help you mitigate the potential penalties, such as fines or points on your license. We aim to ensure you are treated fairly while minimizing the impact on your driving record and insurance rates. Call our office today at (410) 220-6976 or reach out through our contact form.
Following the vehicle in front of you too closely is not only dangerous, but it could also land you with a ticket, cause you to face higher insurance rates, or even cause you to incur a reckless driving charge.
With over 30 years of experience, The Law Office of Hillel Traub has helped hundreds of drivers across Maryland navigate various traffic violations. If you find you were charged with tailgating another vehicle, we may be able to help. As a former lawyer for the MVA, Attorney Hillel Traub has what it takes to assist you in addressing the charges and minimizing the impact on your driving record.
- What Is Tailgating?
- Legal Consequences of Tailgating
- How We Can Help If You Are Facing Consequences for Tailgating
- Are You Facing Penalties for Tailgating in Maryland? Reach Out Today
What Is Tailgating?
Tailgating occurs when a driver follows another vehicle at a distance that is too close for safe stopping. This action can result from impatience, aggressive driving, or simply not paying attention to the road. Regardless of the reason, tailgating is risky and can lead to serious accidents.
When you tailgate, you reduce the time you have to react to sudden changes in traffic, such as a vehicle braking unexpectedly. This increases the likelihood of a rear-end collision, which can cause significant injuries and damage. The consequences of such accidents can be severe, affecting not only the drivers involved but also passengers and pedestrians.
Legal Consequences of Tailgating
Tailgating can lead to significant legal troubles for drivers in Maryland, including:
Traffic Tickets
Tailgating is considered a traffic violation in Maryland. You could receive a citation if a law enforcement officer observes you following another vehicle too closely.
Point Accumulation
In Maryland, traffic violations can result in points being added to your driving record. For tailgating, you may receive two points for the infraction. Accumulating too many points can lead to increased insurance premiums and, in severe cases, the suspension of your driver’s license.
Reckless Driving Charges
In some instances, tailgating can escalate into reckless driving charges. If your behavior is deemed aggressive or dangerous, you could face harsher penalties, including fines and possible jail time. Reckless driving is a serious offense in Maryland and carries significant consequences.
Civil Liability
You may be liable for damages if tailgating results in an accident. This includes property damage and medical expenses for other parties involved. Being found at fault in an accident can have lasting financial implications and may require you to pay out of pocket for damages.
How We Can Help If You Are Facing Consequences for Tailgating
If you are facing legal consequences for tailgating, Attorney Hillel Traub will begin by assessing the details of your case and examining the circumstances surrounding the incident. This includes reviewing any evidence, such as police reports or witness statements.
From there, Attorney Traub will help you understand the potential legal ramifications you might face, whether it is fines, points on your driving record, or even more severe consequences if an accident occurred. His goal is to help you minimize the impact of the charges against you. He may negotiate on your behalf to seek reduced penalties or alternative solutions, such as traffic school.
Are You Facing Penalties for Tailgating in Maryland? Reach Out Today
Tailgating can lead to serious legal consequences in Maryland, but you don’t have to face them alone. The Law Office of Hillel Traub understands how overwhelming it can be to navigate traffic violations and the potential penalties they carry. With over 30 years of experience, including as a former lawyer for the MVA, Attorney Traub can help you reduce fines, minimize points on your license, or negotiate alternatives to harsher penalties.
If you’ve been charged with tailgating or other traffic violations, Attorney Traub will take the time to review your case thoroughly. Contact our office today at (410) 220-6976 or by filling out our contact form.
Can You Get a DUI After One Drink?
After a single drink, you might think you’re perfectly fine to drive. However, depending on several factors, even a small amount of alcohol could lead to a DUI charge. From the type of drink to your body composition, many variables are there are a lot of variables at play. In Maryland, the law doesn’t just look at how much you’ve had to drink – it also considers how it affects your driving.
While one drink might not always lead to a DUI charge, Maryland’s strict DUI laws focus on impairment rather than quantity. Even a small amount of alcohol can affect judgment and reflexes. With over 30 years of experience, Attorney Hillel Traub has helped clients navigate Maryland’s complex DUI laws, offering dedicated representation tailored to each case.
- What to Know About DUIs in Maryland
- Can One Drink Put You Over the Limit?
- Factors That Influence Whether You Will Be Arrested After One Drink
- Contact Attorney Hillel Traub for Help With DUI or DWI Charges in Maryland
What to Know About DUIs in Maryland
In Maryland, a DUI refers to driving with a blood alcohol concentration (BAC) of 0.08% or higher. This is the legal limit for most adult drivers. However, a DUI charge does not always require reaching that 0.08% threshold. Even if your BAC is lower, you can still be arrested and charged with impaired driving if an officer believes your ability to drive is compromised.
DUI vs. DWI
There are two primary types of charges related to alcohol and driving in Maryland:
- DUI (Driving Under the Influence): This charge applies when your BAC is 0.08% or higher or if you are impaired by alcohol to the point where it affects your ability to drive safely.
- DWI (Driving While Impaired): This charge is for drivers with a BAC between 0.04% and 0.07% or who are showing signs of impairment but haven’t reached the legal DUI threshold.
The penalties for each type of drinking and driving charge can vary significantly depending on the circumstances of your specific situation.
Can One Drink Put You Over the Limit?
The answer to whether one drink can lead to a DUI depends on several factors, such as:
Your Weight and Gender
The more you weigh, the more water is in your body, which helps dilute alcohol. Lighter individuals typically experience a higher BAC after the same amount of alcohol.
Women often experience a higher BAC than men after consuming the same amount of alcohol, even when weight is factored in. This is due to differences in body composition, including a higher percentage of body fat and lower water content in women.
Type of Drink
A “standard drink” typically contains about 0.6 ounces of pure alcohol. This is roughly equivalent to:
- 12 ounces of beer (5% alcohol)
- 5 ounces of wine (12% alcohol)
- 1.5 ounces of distilled spirits (40% alcohol, such as vodka or whiskey)
If you have one drink and your BAC exceeds 0.08%, you could be charged with a DUI.
Time Between Drinks
Your BAC rises and falls depending on how quickly your body metabolizes alcohol. If you drink one beverage over an extended period, your body may have time to process it. However, if you consume the drink quickly, your BAC may peak before your body has a chance to process the alcohol, putting you at risk for impairment.
Food Intake
Drinking on an empty stomach can increase your BAC. Food in your stomach can slow the absorption of alcohol into your bloodstream, which may lower your BAC and reduce the likelihood of impairment.
Factors That Influence Whether You Will Be Arrested After One Drink
Even if your BAC does not exceed the legal limit, you can still be arrested for a DUI or DWI in Maryland if an officer believes your ability to drive is impaired. Officers are trained to look for certain signs of impairment, which include:
- Erratic driving: Swerving, speeding, or sudden braking can all signal that a driver may be under the influence.
- Physical signs of intoxication: Red or bloodshot eyes, slurred speech, or the smell of alcohol can lead an officer to suspect impairment, even if your BAC is under 0.08%.
- Field sobriety tests: Officers may ask you to perform roadside sobriety tests, such as walking in a straight line or balancing on one foot. If you fail these tests, you could be arrested for DUI, regardless of your BAC.
If you have had one drink and are pulled over, remain calm and provide your driver’s license, registration, and insurance as requested. You have the right to refuse to answer questions about where you have been or what you have been drinking, though this may raise suspicion.
Contact Attorney Hillel Traub for Help With DUI or DWI Charges in Maryland
Facing a DUI charge, even after just one drink, can be overwhelming and confusing. At the Law Office of Hillel Traub, we understand the complexities of Maryland’s DUI and DWI laws and the significant impact these charges can have on your life. With over 30 years of legal experience, Attorney Hillel Traub has helped countless drivers defend against DUI allegations and minimize potential consequences.
As a former lawyer for the MVA, Attorney Traub brings a unique perspective to DUI cases, offering tailored legal strategies to address each client’s unique circumstances. If you are facing DUI or DWI charges, let us help you protect your rights and pursue the best possible outcome. Call us at (410) 220-6976 or visit our contact form to get started today.
Securing a Class B CDL marks an impressive starting point in the trucking industry, but obtaining a Class A commercial driver’s license (CDL) can elevate your career even further. But what exactly sets these two apart? A Class B CDL qualifies you to drive single vehicles such as delivery trucks, dump trucks, buses, and cement mixers. On the other hand, acquiring a Class A CDL authorizes you to handle combinations of vehicles, including tractor-trailers, flatbeds, livestock carriers, and various truck and trailer combinations.
Transitioning from a Class B to a Class A license broadens your employment prospects. As a Class A CDL holder, you are eligible to operate all vehicles that a Class B license covers, plus more complex combinations, typically resulting in higher compensation. This upgrade promises increased income and ensures more consistent employment and a more comprehensive range of job options. You may upgrade your CDL license anytime upon completing appropriate skills tests and compliance with MVA requirements.
- Differences Between CDL Class A, B, and C Licenses
- How to Upgrade Your Commercial Driver’s License in Maryland
- Speak With a CDL Violations Lawyer at The Law Office of Hillel Traub
Differences Between CDL Class A, B, and C Licenses
Here is an overview of the CDL classifications in Maryland:
- Class A: This classification is for vehicles with a Gross Combination Weight Rating of over 26,001 lbs and the capacity to tow vehicles over 10,000 pounds. With a Class A license, you are authorized to drive large vehicles like 18-wheelers and have the flexibility to operate any vehicle in the lower classes.
- Class B: Classification for vehicles with a Gross Vehicle Weight Rating of over 26,001 pounds or more but with a towing capacity of less than 10,000 pounds.
- Class C: This class includes vehicles with a GVWR of less than 26,001 pounds made to haul 16 or more passengers, including the driver. This class requires the driver to have an endorsement.
According to 49 CFR 383.5, a “CDL downgrade” involves revoking commercial driving privileges. The regulation mandates that Maryland must finalize and document this downgrade within 60 days of being notified. There are two reasons why a CDL license may be downgraded in Maryland. The first is based on the fundamental and crucial safety principle that states drivers may be legally barred from operating a commercial vehicle due to drug or alcohol misuse or refusal to undergo testing and should not possess a valid Commercial Driver’s License (CDL).
Additionally, when a driver is no longer medically qualified to operate a commercial vehicle, or if they choose not to be examined for such qualification, drivers must immediately visit a Maryland Motor Vehicle Administration (MVA) office to downgrade their non-commercial license. This process can also be initiated if a driver no longer needs a CDL’s commercial driving privileges.
Attorney Hillel Traub was a former lawyer for the MVA and possesses specialized knowledge regarding CDL licensing requirements. If you have been charged with a CDL-related DUI or moving violation that may impact your driving privileges, contact us right away for an assessment of your case.
How to Upgrade Your Commercial Driver’s License in Maryland
You must first acquire a Maryland commercial learner’s permit. The process involves a vision screening and one or more knowledge tests. After obtaining your commercial learner’s permit, you must keep it for a minimum of 14 days. During this period, adhere to the following restrictions and requirements:
- A supervising driver who is at least 21 years old must be present. This driver should have possessed a valid CDL of the same or higher class for at least three years. They must have a Medical Examiner’s Certificate (DOT card) or its photocopy, an exemption/waiver if needed, and occupy the front seat without other front seat occupants.
- Always carry your DOT card (or its photocopy) and any applicable exemption or waiver.
- If your permit has a CDL Intrastate Only (K) restriction, you are limited to driving within Maryland.
The next phase involves scheduling a skills test at an MVA full-service branch office. On your test day, bring the following:
- A suitable vehicle with valid registration.
- Your Maryland commercial learner’s permit and current CDL.
- Your Medical Examiner’s Certificate (DOT card), copy, and any waiver or exemption.
- A supervising driver if you are driving to the office.
- Glasses or contact lenses if required.
- TSA assessment letter for hazardous materials (H) endorsement, including the hazmat law test if not previously completed.
At the office, you will first undergo the skills tests. Upon passing, an agent will:
- Collect your learner’s permit and current CDL.
- Take your photo (see MVA photo guidelines).
- Review your documents.
- Confirm your eligibility.
- Sign the application.
After completing these steps, the agent will issue your new upgraded CDL.
Speak With a CDL Violations Lawyer at The Law Office of Hillel Traub
CDL licensing requirements are complex and may be impacted if you have been charged with a DUI or moving violation. At The Law Office of Hillel Traub, we have over 30 years of experience guiding CDL drivers through the legal process and protecting their livelihoods. As a former lawyer for the MVA, attorney Hillel Traub is here to help you understand Maryland’s licensing requirements and regulations.
For a free consultation, call us today at (410) 220-6976 or fill out a contact form.
You can fight a ticket for reckless driving in Maryland. However, you may want to seek legal counsel first. It is possible to fight the ticket on your own, but that could result in a worse outcome than simply paying it. Your best course of action is to discuss your case with a traffic violations attorney before taking action.
A traffic violations attorney from The Law Office of Hillel Traub can help you fight reckless driving charges by collecting evidence and building a strong defense. We are here to protect your rights every step of the way.
- How Do You Fight a Ticket for Reckless Driving in Maryland?
- What is Reckless Driving?
- What Are the Penalties for Reckless Driving in Maryland?
- Should I Fight the Ticket or Just Pay It?
- Get Help From a Traffic Violations Attorney
How Do You Fight a Ticket for Reckless Driving in Maryland?
To effectively fight a ticket for reckless driving in Maryland, you and your lawyer will first gather all relevant evidence pertaining to your case. This could include photographs, witness statements, and any other documentation that can support your claim that you were not driving recklessly. We will also provide invaluable guidance on legal procedures and potential defenses you might employ in court.
Once the evidence is prepared, the next step is to file a not guilty plea. This action will set the stage for your court appearance, where you and your lawyer can present your case against the charges. You must be well-prepared, as the judge will consider both your evidence and the prosecution’s arguments. Our competent traffic violations attorneys can help you structure your defense and present your case effectively, increasing your chances of a favorable outcome.
What is Reckless Driving?
Reckless driving in Maryland is defined as operating a vehicle in a manner that demonstrates a willful disregard for the safety of persons or property. This definition encompasses a variety of behaviors, including excessive speeding, aggressive lane changes, and tailgating. The law aims to distinguish between ordinary traffic violations and actions that pose a significant risk to public safety.
In Maryland, the specifics of what constitutes reckless driving can vary based on the circumstances of each incident. Factors such as weather conditions, traffic density, and the actions of other drivers can all play a role.
What Are the Penalties for Reckless Driving in Maryland?
The penalties for reckless driving in Maryland can be quite severe. If convicted, you may face substantial fines, points on your driving record, and even potential jail time in extreme cases. Specifically, reckless driving is classified as a misdemeanor, which can lead to fines of up to $1,000 and up to a year of imprisonment. Accumulating points on your driving record can result in increased insurance premiums and the possibility of a suspended license.
The long-term consequences of a reckless driving conviction can impact various aspects of your life, including employment opportunities and personal insurance rates. That’s why working with a traffic violations attorney can not only provide you with a clearer understanding of potential outcomes but can also help you navigate the complexities of the legal system to secure the best possible result.
Should I Fight the Ticket or Just Pay It?
Paying the ticket is often the simplest option, but it may lead to significant consequences, including fines and points on your driving record. On the other hand, contesting the ticket may require time and effort, but it could lead to a more favorable outcome if you have a strong defense. Evaluating the potential penalties and how they might affect your future is crucial in making this decision.
Consider your driving history and the possible implications of a reckless driving conviction. If you have a clean record, fighting the ticket might be worth the effort to maintain that status. Conversely, if you have previous violations, the stakes may be higher, and seeking the advice of a traffic violations attorney can provide clarity on the best course of action. Weighing the pros and cons of each option will guide you in making an informed decision that aligns with your best interests.
Get Help From a Traffic Violations Attorney
Before you start fighting your reckless driving ticket, discuss your case with our traffic violations attorney at The Law Office of Hillel Traub. We can help you determine the best course of action and help you take the next steps.
Having strong legal representation is one of the most important determining factors in how your case will go. Call The Law Office of Hillel Traub today at (410) 220-6976 or use our contact form.
Speeding is the most common traffic violation committed even by the most experienced drivers. Most motorists who’ve been pulled over for speeding assume they’re at fault and pay the fine. But what if they had a valid reason for speeding? Perhaps they had to do so for safety reasons or there was a medical emergency. Or maybe they just assumed that driving a few miles over the speed limit on the highway wasn’t actually against the law.
It’s important to understand Maryland’s specific laws, as rules vary from state to state. Here’s everything you need to know.
- Understanding Maryland’s Speeding Laws
- How Can You Fight an “Absolute” Speeding Ticket in Maryland?
- Contact an Experienced Traffic Attorney in Baltimore After a Traffic Offense
Understanding Maryland’s Speeding Laws
Throughout the country, there are three different types of speed limits that can be enforced: absolute, presumed, and basic. Maryland enforces two of the three (basic and absolute). Here’s what you need to know:
- Absolute speeding law: There’s no trick to how these limits work: If the sign says the maximum speed limit is 40 miles per hour and you drive 41 miles per hour or more, you’ve violated the law.
- Basic speeding law: Basic speed laws state that no person can drive a vehicle at a speed greater than is reasonable, regardless of the posted speed limit. What a safe speed is will depend on the circumstances. For instance, 55 miles per hour might be safe on a bright, sunny day. But if it’s dark and the road is icy, going 55 miles per hour could be dangerous and a violation of the basic speeding law.
In other words, in the state of Maryland, even going one mile over the posted speed limit is against the law, no matter the circumstances. Likewise, amid dangerous conditions, you can also be charged for speeding if you’re going too fast, even if it’s slower than the posted speed limit.
How Can You Fight an “Absolute” Speeding Ticket in Maryland?
The absolute speeding law in Maryland is often difficult to contest. However, there are a few defenses that you and your attorney should consider. Here are a few:
- Arguing the accuracy of the officer’s speed measurement: You can cast doubt on the police officer’s speed measurement or estimate if you can present enough evidence. For example, you can argue that the officer mistook your car for another car or their LIDAR reading wasn’t reliable because the device wasn’t properly calibrated.
- Mistaken identity: If a police officer clocks a driver speeding and subsequently has to find them again in traffic, it’s possible they made a mistake and pulled the wrong car over.
- Emergency situation: A driver may claim that an emergency caused them to break the speed limit in order to prevent injury or damage to themselves and others. This includes if the actions of the police forced you to speed, if you were being coerced, or if you were trapped.
Securing the help of an expert speeding ticket attorney in Maryland is the first step to a successful defense.
Contact an Experienced Traffic Attorney in Baltimore After a Traffic Offense
If you’ve been cited for speeding or another serious traffic violation in Maryland, discuss your case with The Law Office of Hillel Traub. Attorney Hillel has extensive experience working with people who are accused of traffic violations and has previously worked as an Assistant Attorney General for the Maryland MVA. With his unique insight into the agency’s operations, he can make a strong case for you that may help you avoid the worst penalties of a traffic conviction.
Hillel has a proven track record of eliminating or reducing fines and penalties associated with traffic tickets, citations, and other violations. Our legal team is here to fight for your rights. To discuss your traffic ticket for free, call (410) 220-6976 today or complete our contact form.
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