Category Archives: Traffic

Legality of a Traffic Stop for Having a Covered License Plate in Maryland

What is the law on license plate covers in Maryland? Maryland, like all states, has an interest in having all vehicles on the road have license plates clearly visible and legible. If a license plate number is covered, obscured, blocked, or altered this is a problem for tag readers (at toll booths, for instance) and […]

Can a Police Officer Stop Someone for an Obtructed Windshield in Maryland?

Maryland Traffic Stop for Something Hanging From the Rear-view Mirror So, what exactly is the law for having a hang-tag, air freshener, fuzzy dice (does anyone have these anymore?), graduation tassel, or any other object hanging from a vehicle’s rear view mirror? Maryland law prohibiting obstruction of a windshield, Transportation Article 21-1104(c), states that “a […]

Constitutionality of a Traffic Stop for Center Brake Light Out in Maryland

Center brake light A common reason a vehicle is pulled over and stopped by police is for having the center brake light out. Prior to the 1980’s cars did not have a center brake light, only the two rear brake lights on the left and right side. Today all vehicles are manufactured to have a […]

Maryland Law on a Traffic Stop for Tinted Windows

Maryland police officers frequently use tinted windows as a justification to pull over a vehicle. In and of itself that may be fine, but as we all know these stops are almost always pretextual and the officers are really looking for contraband in the vehicle or on the driver such as drugs, guns, stolen property, […]

Speeding 30 MPH Over the Limit in DC

Speed Greater than 30 Over the Speed Limit in Washington, DC Within the DC limits, believe it or not, it is a criminal misdemeanor to drive more than 30 mph over the speed limit. This is somewhat similar to the crime of reckless driving in Virginia, where simply driving over 20 mph over the limit […]

What is a Maryland MVA Hearing?

What is an MVA Hearing? An MVA hearing takes place when the MVA is seeking some type of punitive action against a licensee and the licensee wishes to have the opportunity to contest the MVA’s evidence, contest the action, and/or present a defense against the action. For example, if a Maryland licensee was stopped for […]

I-Was-Not-Driving Defense for Maryland DUI/DWIs – Not Being in Actual Physical Control of a Vehicle

The Definition of Driving in Maryland in Regards to a DUI/DWI As happens in cases where a person is found asleep or passed out behind the wheel of a car but later charged with a DUI or DWI, the accused may have a defense that they simply were not driving the vehicle. It is not […]

Can a Person Who is Asleep in a Car in Maryland be Charged with DUI or DWI?

Help! I was just asleep in my car after a night of drinking and am now facing DUI/DWI charges! Just because someone is asleep in a parked car does not mean they cannot be arrested for a DUI/DWI. In Maryland this happens more often than you might think. For instance, an officer comes across a […]