Maryland Must-Appear Traffic Violations:What You Need to Know Before Your Court Date
If you have received a “Must Appear” traffic citation in Maryland, you are facing a significantly different situation from someone who receives an ordinary payable speeding ticket.
A must-appear citation generally means that the case cannot simply be resolved by paying a preset fine. Instead, the citation serves as notice to a driver that a summons will issue requiring the defendant to appear as directed by the court. Maryland law specifically distinguishes between payable traffic violations and must-appear violations. Md. Code, Transportation § 26-201.
Depending upon the particular offense, a conviction may expose a driver to incarceration, substantial fines, points, suspension or revocation of driving privileges, and other consequences.
If you have received a Maryland must-appear citation, particularly one involving an incarcerable offense, it is important to understand the charge before deciding how to handle your case.
What Is a “Must Appear” Traffic Violation in Maryland?
Maryland traffic citations generally fall into two broad categories: payable violations and must-appear violations.
A payable traffic violation may generally be resolved without appearing in court by paying the prescribed amount, requesting a trial, or pursuing another option authorized by law.
A must-appear violation is different. The citation itself indicates that the defendant must respond to a court summons or trial notice. Maryland Transportation § 26-201 provides that a citation for a must-appear violation contains a notice that the citation is a summons to appear as notified by the District Court.
In other words, if your Maryland traffic citation says “Must Appear,” do not assume that you can simply pay the ticket online and close the case.
What Traffic Offenses Are Must-Appear Violations in Maryland?
The answer depends upon the particular statute with which you have been charged.
Examples of serious Maryland traffic offenses that may require a court appearance include:
- Driving under the influence of alcohol or drugs
- Driving while impaired by alcohol or drugs
- Driving while suspended
- Driving while revoked
- Driving without a valid driver’s license in circumstances in which the offense is incarcerable
- Driving without required motor vehicle insurance
- Leaving the scene of an accident
- Certain offenses involving serious bodily injury or death
- Certain fleeing and eluding offenses
- Other Maryland Vehicle Law offenses that carry potential incarceration
The critical distinction is that “must appear” describes the procedural treatment of the citation; it is not itself the name of a criminal offense.
The actual statute charged determines the potential penalties and the consequences of a conviction.
Why Is a Must-Appear Ticket More Serious Than an Ordinary Traffic Ticket?
The most important distinction is, with limited exceptions, the possibility of incarceration.
Many ordinary payable traffic violations are not punishable by imprisonment. By contrast, certain must-appear traffic offenses are incarcerable offenses, meaning that a conviction can potentially result in a jail sentence.
For example, Maryland law provides that a person convicted of certain violations involving driving while suspended or otherwise unlawfully driving while subject to a suspension may face imprisonment and/or a fine. Some provisions expressly state that the defendant must appear in court and may not prepay the fine.
That is why a must-appear citation should not be treated as simply another traffic ticket.
The difference can be substantial:
Payable traffic ticket:
Fine + possible points
Incarcerable must-appear offense:
Potential conviction + potential incarceration + fine + possible points + possible MVA consequences
The precise consequences depend upon the statute charged and the facts of the case.
Maryland Incarcerable Traffic Offenses
The term “incarcerable traffic offense” is particularly important when evaluating a Maryland must-appear case.
If an offense carries potential imprisonment, the defendant has substantially more at stake than the amount of a traffic fine.
A conviction may affect:
- Your Maryland driving record
- Your driver’s license or driving privilege
- Your insurance
- Your employment
- Your ability to drive for work
- Your commercial driving privileges, where applicable
- Your criminal record
- Your immigration status, in appropriate circumstances
- Your ability to obtain or maintain certain professional licenses
For that reason, a defendant should understand the maximum statutory penalties and the practical consequences of the particular charge before deciding whether to plead guilty, request a trial, or seek another resolution.
Do I Have to Go to Court?
A must-appear citation requires the defendant to comply with the court’s notice to appear.
Maryland Transportation § 26-204 provides that a person must comply with a notice to appear contained in a writ or trial notice issued by the court in a traffic case. The statute also provides that, depending upon the circumstances, compliance may occur through personal appearance or appearance by counsel.
Whether you personally must appear is therefore an issue that should be determined before your court date, rather than assumed.
An experienced Maryland traffic attorney can determine whether your particular charge and proceeding permit counsel to appear on your behalf.
What Happens If I Fail to Appear?
Ignoring a Maryland must-appear citation can make a difficult situation considerably worse.
Maryland law provides that when a person fails to comply with certain notices relating to a traffic citation, the court may issue an arrest warrant or notify the Maryland Motor Vehicle Administration of the noncompliance.
Accordingly, if you cannot appear on the scheduled date, you should not simply fail to appear.
Contact your attorney or the appropriate court before the scheduled appearance to determine whether a postponement or other procedure is available.
Can a Maryland Traffic Lawyer Handle a Must-Appear Case?
In appropriate circumstances, yes.
Maryland law expressly recognizes appearance by counsel as one method of complying with a traffic-court notice to appear.
However, whether your attorney can appear without you depends upon the specific charge, the nature of the proceeding, and the circumstances of the case.
This is one reason it is worthwhile to consult an attorney before the court date.
A lawyer can determine:
- The exact statute charged;
- Whether the offense is payable or must-appear;
- Whether the offense is incarcerable;
- The maximum statutory penalties;
- Whether your personal appearance is required;
- The potential MVA consequences;
- Whether the State may be willing to amend or dismiss the charge;
- Whether there are factual or legal defenses;
- Whether a negotiated disposition is appropriate; and
- Whether the case should proceed to trial.
Can a Maryland Must-Appear Charge Be Dismissed?
Yes.
The fact that a citation is marked “Must Appear” does not mean that the defendant will automatically be convicted.
The State still has the burden of proving the charged offense.
Depending upon the circumstances, a case may potentially be:
- Dismissed;
- Nolle prossed;
- Amended to a different offense;
- Resolved through a negotiated disposition;
- Resolved through a guilty plea;
- Tried before the court; or
- Otherwise disposed of in a manner that minimizes the consequences to the defendant.
The appropriate strategy depends upon the evidence, the statute charged, the defendant’s record, and the particular circumstances of the case.
What Does a Maryland Traffic Lawyer Look for in a Must-Appear Case?
An experienced attorney does more than look at the fine printed on the citation.
The attorney may examine:
The Exact Statute Charged
The difference between two seemingly similar traffic offenses can be substantial. The statute determines the elements the State must prove and the potential penalties.
The Officer’s Observations
The defense may need to examine what the officer actually observed, when the officer observed it, and whether those observations establish every element of the offense.
The Traffic Stop
Where appropriate, the circumstances giving rise to the traffic stop may be relevant to the defense.
The Defendant’s Driving Privilege
In a driving-while-suspended or driving-while-revoked case, the precise status of the defendant’s driving privilege can be critical.
The Defendant’s Driving Record
The defendant’s prior history may affect both the legal consequences and the State’s approach to resolution.
Documentation
License records, registration records, insurance documentation, court records, MVA records, accident reports, and other documents may be important depending upon the charge.
Potential Defenses
The applicable defenses depend upon the particular statute and facts. A careful review of the evidence is therefore necessary before deciding how to proceed.
Will a Must-Appear Violation Automatically Put Points on My License?
No.
The fact that a citation is designated “Must Appear” does not itself determine the number of points that will be assessed.
Maryland’s point system is governed by the particular offense and the applicable provisions of the Transportation Article. For example, Maryland law establishes different point assessments for different moving violations.
The ultimate consequences may therefore involve several separate issues:
- Whether there is a conviction;
- What offense is ultimately adjudicated;
- How many points apply to that offense;
- Whether the MVA takes additional action; and
- Whether the defendant’s driving privilege is affected.
That is another reason why the goal in a serious traffic case should not necessarily be limited to “getting the fine reduced.”
In an incarcerable traffic case, avoiding or minimizing the consequences of a conviction may be considerably more important than the dollar amount of the fine.
What Should I Do After Receiving a Maryland Must-Appear Citation?
If you receive a must-appear traffic citation, consider the following steps.
- Read the Citation Carefully
Identify the exact offense and statute charged.
- Determine Whether It Is a Must-Appear Offense
Do not assume that every traffic citation can be paid in advance.
- Check to determine if there is a preset fine or “must appear” designation
Failure to comply with preset fine citations can lead to a license suspension.
- Do Not Ignore the Citation
Failure to comply with a must appear citation can result in additional consequences, including a possible arrest warrant.
- Determine Whether You Need to Appear Personally
An attorney can determine whether counsel may appear on your behalf.
- Consider Consulting an Experienced Maryland Traffic Attorney
If the charge carries potential incarceration, you should understand the consequences before deciding how to resolve the case.
Experienced Defense of Serious Maryland Must-Appear Traffic Charges
Lee J. Eidelberg — Former Assistant State’s Attorney
Lee J. Eidelberg has more than four decades of experience practicing law in Maryland, including extensive experience handling serious traffic and motor vehicle offenses.
Before representing defendants, Mr. Eidelberg served as a Maryland Assistant State’s Attorney, giving him first-hand experience with criminal and traffic prosecutions from the prosecution’s side of the courtroom.
That experience can be particularly valuable in a serious must-appear traffic case.
A former prosecutor understands that defending a case requires more than simply appearing in court and asking for leniency. The defense must begin with understanding what the State must prove, what evidence the State is likely to present, what weaknesses may exist in that evidence, and what resolution best protects the client’s interests.
Mr. Eidelberg’s more than 40 years of experience include representing Maryland drivers facing serious and potentially incarcerable traffic offenses.
Why Former Prosecutor Experience Matters
A lawyer who has previously prosecuted traffic and criminal cases has seen these cases from the other side of the courtroom.
That experience can provide insight into:
- How prosecutors evaluate police reports;
- What evidence prosecutors consider important;
- How traffic cases are prepared for trial;
- What factual issues may affect a prosecution;
- How prosecutors evaluate a defendant’s driving history;
- What circumstances may support a negotiated resolution; and
- When a case may warrant taking the matter to trial.
Every case is different, and no attorney can guarantee a particular result. But more than four decades of courtroom experience—including experience as a former Assistant State’s Attorney—provides a substantial foundation for evaluating a serious Maryland traffic charge.
Must-Appear Traffic Charges in Towson and Baltimore County
If you have received a must-appear traffic citation in Towson or Baltimore County, you may be required to appear in the District Court of Maryland for Baltimore County.
Serious traffic cases can involve substantially more than a routine speeding ticket. Charges involving driving while suspended, driving without a valid license, driving without insurance, DUI/DWI, leaving the scene of an accident, and other incarcerable offenses should be evaluated carefully.
Lee J. Eidelberg represents clients facing serious traffic charges in Towson, Baltimore County, Baltimore City, and throughout Maryland.
If you have received a must-appear citation in Maryland, contact Lee J. Eidelberg at Levin Gann, P.A. before your scheduled court date to discuss your case and your legal options.