Got a speeding ticket that may cost me my license. But wait! Happened in State A, I live in State B, and my license is from State C, where I used to live. And there are small errors on the ticket. Is there hope?
I have a nasty habit of speeding, and I was caught doing so (again) this past Sunday, on I-66 in Fairfax County, VA. I currently live in Baltimore, MD, but still have a New Jersey driver's license, having moved from NJ to Baltimore a year ago. (Yes, I know I was supposed to have gotten a Maryland license by now; I have no real excuse except for sharing in the universal hatred for going to a DMV branch and feeling my life pass me by). Just to make things more fun, I was driving a Virginia-plated and registered car belonging to my parents. I think that covers all the various jurisdictions.
Now, I currently have ten (count 'em -- ten!) points on my NJ license, all but one for speeding (the other one was failure to follow a traffic device). It takes 12 to get your license suspended for 30 days, though NJ will give you the option of going to defensive driving school if you want to keep your license, and they'll also remove three points after you complete it. If I'm convicted of Sunday's offense in Virginia -- which my silent radar detector confirmed that the officer didn't have a radar reading for (oh, did I mention radar detectors are illegal in VA, but mine was right there in plain view, and yet he didn't even acknowledge it?), then NJ will assess me two points; they give two points for any out-of-state moving violation, regardless of what it is. That would take me to 12 and a "notice of scheduled suspension," meaning I either give up the license for 30 days or take the driving course. If I have to face that choice, I'll do the course . . .
BUT . . . what if I go get my Maryland license NOW? Now, I had assumed that Maryland would "import" my points from New Jersey, so I'd start off the bat with points on my MD license. But according to Maryland's MVA website, they'll just "record the information" about my convictions elsewhere but NOT assess points! (See the first FAQ on
this page for detail. It almost seems too good to be true, but I could see how it might be, given that it's a pain in the ass for one state to have to deal with interpreting points and violation codes/terminologies for 49 other states and DC all the time. And apparently MD doesn't opt for the "just give 'em x number of points for any moving violation, regardless" approach that NJ does.
My trial date in Fairfax is May 15, 2007. I can just mail in payment or do it on the web, thereby admitting guilt and getting hammered with another two points by NJ; I can hire a lawyer and hope he/she can get this dismissed, thereby keeping me hanging on a thread but still with my license in NJ; or I can first go get my MD license (hopefully virginal and point-free), wait a few days for things to settle down, THEN pay my Fairfax ticket by mail/online, which will cause them to send the conviction info to NJ, but since NJ will (by then) no longer be my state of license, it will either disappear in a black hole or (if they feel like doing the extra work) be sent on to MD, which will, at worst, give me my first two points on an otherwise clean record.
A couple of quick notes that may qualify as technicalities on Sunday's ticket: First, the officer wrote down my NJ address, which is on my NJ license, EVEN THOUGH I told him I now live in Maryland. He still went back to his car, filled out the ticket, and wrote my NJ address, KNOWING it's not my current address.
Second, he put my race down as white, even though I'm (an admittedly light-skinned) Indian (of the south Asian variety). This was an eyeballed thing on his part, because "race" isn't on my license. But my name is very obviously Indian.
Could a good lawyer -- or maybe even me, in person -- get this dismissed on either of the two technicalities above? Or should I just say screw it and get the MD license? Or something else?
And yes, I know: "Slow the hell down, jackass!"
A decent lawyer should be able to fix your problems though. I never had your exact situation, but I had a very large pile of tickets (reckless, speeding, evading, etc.) turn into close to nothing.
The Maryland thing seems fraught with danger. I wouldn't do that without consulting a lawyer, unless I was willing to risk my license.
posted by Tacos Are Pretty Great at 10:56 AM on March 27, 2007