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Texting, Cell Phone Use and Driving Traffic Charges Lawyer in Maryland

June 12, 2012 by

Helping You Understand Maryland’s Laws and Your Legal Rights

texting-while-driving

Texting While Driving Prohibited

In October of 2011, Maryland lawmakers tightened legal restrictions for texting while driving. Previously, drivers were banned from talking on a cell phone or typing out texts while driving. As of October 1, 2011, drivers are prohibited from writing, sending, or reading a text message (or other electronic message) while operating a motor vehicle in the travel portion of the roadway. The only permitted exceptions are (1) use of a global positioning system, and (2) contacting a 911 system.

Additionally, police officers were at one time unable to charge drivers for texting unless the driver was pulled over for another offense such as speeding. Drivers can now be pulled over solely for the charge of cell phone use or texting.

What are the Penalties for Texting While Driving in Maryland?

Legal penalties in the form of fines are relatively light, but they increase if the accused contests the charge and loses in court. If a driver receives a citation for texting while driving, and chooses not to contest the charge, the penalties are 1 point and a $70.00 fine, and 3 points and a $110.00 fine if the violation contributed to an accident. If a driver contests the citation in court, and is found guilty, the penalties are 1 point and up to a $500.00 fine, and 3 points and up to a $500.00 fine if the violation contributed to an accident.

Learn More about Distracted Driving Laws

For more information regarding national trends and developments regarding texting and cell phone use while driving, browse the Governors Highway Safety Association website.

Howard County Traffic Ticket Lawyer

If you have been charged with texting while driving, or using a cell phone while driving, and wish to contest the charge or simply learn more about your rights, contact Jonathan Scott Smith of the Smith Criminal Defense Firm.

Jonathan Scott Smith is a former prosecutor and Howard County traffic ticket lawyer with more than 30 years of experience representing drivers in traffic violation cases. Many of our new cases are referred to us by former clients or by other attorneys. He fights hard for his clients. That’s why many satisfied clients think so highly of him. Mr. Smith’s results speak for themselves.

Mr. Smith’s extensive trial experience — and track record of successful results — has earned him the recognition of his peers, with an AV® Preeminent™* Peer Review Rating in the Martindale-Hubbell peer review rating process, and a 10.0 Superb AVVO rating. These are the highest ratings possible for legal skill, ethical practice, lawyer’s years in practice, disciplinary history, professional achievements and industry recognition. Attorney Smith is considered to be one of the best criminal defense and traffic ticket attorneys in Columbia, Ellicott City, and Howard County.

Contact Our Office

For an appointment, contact us by e-mail or call us at 410-740-0101. Put an experienced Maryland traffic violations defense lawyer to work for you. We accept Visa, MasterCard, Discover and American Express.

Attorney Jonathan Scott Smith represents clients in criminal defense matters, DUI / DWI, MVA Hearings, traffic offenses, domestic violence and child abuse charges throughout Maryland, including the cities of Columbia, Clarksville, Sykesville, Fulton, Elkridge, Frederick, Mt. Airy, Ellicott City, Laurel, Westminster, and Baltimore. Lawyer Smith also provides experienced legal representation for clients in Baltimore County, Anne Arundel County, Carroll County, Prince Georges (Prince George) County, Howard County and Montgomery County, MD.

Filed Under: reckless driving, texting and driving, traffic charges Tagged With: , , , , , , , , , , , , , , , , , ,

Driver Accused of Road Rage Assault Found Not Guilty

October 5, 2011 by

Road Rage Incidents Between Cars and Bicycles

Drivers often have disagreements on the road,  and sometimes this results in accusations of road rage assault. Drivers and bicyclists can have difficulty sharing the road. Under Maryland law bicyclists are subject to the same responsibilities and “rules of the road” as drivers of motor vehicles. Sometimes drivers are falsely accused of road rage offenses, including use of a motor vehicle to commit an assault or reckless driving. That’s when it’s important to know that every  person accused of any criminal or traffic violation has the right to be represented by an experienced lawyer, and the right to a trial.

Driver Found Not Guilty of Assaulting Bicyclist

In a recent case, a car driver was charged with Second Degree Assault and Reckless Driving in the District Court for Howard County, based on a claim of road rage assault. A bicyclist accused the driver of exchanging words from a traffic dispute, and then abrupty swerving onto the shoulder and slamming on his brakes in front of the bicycle, causing it to collide with the back of the car. The bicyclist was thrown from his bike, and sustained injuries.

Columbia criminal defense lawyer Jonathan Scott Smith aggressively defended the car driver. The prosecutor asked the driver to plead guilty to Second Degree Assault and serve 30 days in jail for road rage assault. Mr. Smith strongly urged the client to reject the plea offer and fight the case at trial. When the plea offer was rejected, the prosecutor retaliated and stated she would request 6 months in jail if the driver was convicted.

The case went to trial in the District Court for Howard County, located in Ellicott City, Maryland. Mr. Smith vigorously cross examined the bicyclist, who reluctantly admitted that he had yelled at the car driver and gave the driver the “middle finger.” Mr. Smith also played a 911 recording, confirming that the accused had called 911 to obtain assistance for the bicyclist, who was heard in the background engaging in a tirade of obscenities toward the driver. Mr. Smith used photographs of the road and forced the bicyclist to admit that he in fact was violating the traffic laws.

The car driver was found not guilty of Second Degree Assault and Reckless Driving.

Howard County, Columbia and Ellicott City Criminal Lawyer

Dealing with criminal charges, including accusations of road rage assault, can be daunting and emotionally stressful. And regardless of the circumstances of your case, you have a right to legal counsel and representation. Further, an arrest or accusation does not mean you will be found guilty.

Mr. Smith’s extensive trial experience — and track record of successful results in road rage, assault, and other criminal cases— has earned him the recognition of his peers, with an AV® Preeminent™* Peer Review Rating in the Martindale-Hubbell peer review rating process, and a 10.0 Superb AVVO rating. These are the highest ratings possible for legal skill, ethical practice, lawyer’s years in practice, disciplinary history, professional achievements and industry recognition. Attorney Smith is considered to be one of the best criminal lawyers in Howard County.

You need an experienced and skilled criminal defense attorney who understands the legal process and can mount an effective defense. Contact us online or call us at 410-740-0101 to schedule a consultation to discuss your case.

Filed Under: Assault, criminal defense lawyer, criminal lawyer, defense attorney, District Court for Howard County, reckless driving, traffic charges, Uncategorized Tagged With: , , , , , ,

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