In Maryland, people who receive traffic or parking citations generally may either pay the fine or elect to appear for a hearing or trial. The citation and applicable rules will explain how to contest liability and how to request a trial or hearing.
Rules differ for moving traffic offenses, civil citations, and parking tickets: some civil citations include a procedure for contesting liability and may result in a default judgment if not timely contested, while parking citations require a written election to stand trial. The court or agency will set a date and notify the person of the time, place, and consequences of not complying.
Current Maryland law
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The law generally requires compliance with the notice to appear on traffic citations and explains how a person may respond by appearing in person or through counsel, by paying the fine, or by entering a payment plan under certain conditions, under Md. Code Ann., Transportation § 26-204. For civil traffic citations issued under specified provisions, the citation must advise how liability may be contested and warns that failure to pay or timely contest may be treated as an admission and lead to a default judgment, under Md. Code Ann., Transportation § 15-115. For parking citations, a person may elect to stand trial by sending a notice of intention at least five days before the payment date, and the officer’s certification is prima facie evidence if the officer is not called, under Md. Code Ann., Transportation § 26-303 and related procedural rules in Md. Code Ann., Transportation § 26-304. Collection and remittance rules for fines and procedures for forwarding contested parking citations to the District Court are addressed in Md. Code Ann., Courts and Judicial Proceedings § 7-302.
What to do
A common first step is to read the citation carefully to find the payment due date and the procedures for contesting liability under the citation.
A common option is to return the citation or send a written notice indicating an election to stand trial or a request for a hearing, within the time periods stated on the citation.
A common step people use is to request that the court set a hearing date or, for certain civil citations, post bond or a civil penalty deposit within 15 days after notice of a default judgment to seek a new trial date.
A common action is to notify the issuing agency if you want the issuing officer to appear at a parking trial, at the time you give notice of intention to stand trial.
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Common questions
What happens if I do nothing after receiving a citation?
Can I ask for the officer to come to a parking trial?
Yes, for parking citations a person who elects to stand trial may notify the political subdivision or agency at the time the notice of intention to stand trial is given if the person wants the officer to appear; otherwise the officer need not appear and the citation certification is prima facie evidence, see Md. Code Ann., Transportation § 26-303.
How much notice will I get of the trial date?
Procedures adopted by the Chief Judge of the District Court require that the person be notified of the trial date, place, and time, and that the date of trial may not be less than 15 days from the date on which the court received the person’s notice of intention to stand trial for parking violations, see Md. Code Ann., Transportation § 26-304 and Md. Code Ann., Transportation § 26-303.
If I get a civil traffic citation, will I be told how to contest it?
Yes, citations under the specified civil provisions must include information about how liability may be contested and warn that failure to timely contest or pay can result in admission of liability and default judgment, see Md. Code Ann., Transportation § 15-115.
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This page provides legal information only and not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
