Washington DC Injury Attorney Blog

As of October 1, 2011 Maryland Police Officers are allowed to pull drivers over for text messaging. Sending, receiving and reading text messages while behind the wheel will now be considered a primary offense. Which means, that Police, can now pull over and ticket drivers who are caught sending, receiving or reading text messages without their needing to be any other offense committed. Emergency 911 text messaging is exempt from this new law.

Under the new text messaging law, violators, can be fined up to $70 and receive one point toward suspension of a driver's license. If, an automobile accident or pedestrian/automobile accident is resulted from text messaging the fine will increase to $110 and three points towards the suspension of a driver's license.

This same law is in effect in the District of Columbia, but it is still only a secondary offense in Virginia.

Another new Maryland traffic law going into effect as of October 1, 2011, is that criminal prosecution will be allowed of drivers who are considered negligent in pedestrian and bicyclists deaths. Under this new traffic law, it will be considered a misdemeanor for a person to cause the death of another as a result of the person's driving, operating or controlling a vehicle in a criminal negligent manner.

These two new Maryland traffic laws are being implemented because the National Highway Traffic Safety Administration (NHTSA) reported that 20 percent of crashes in 2009 were cause by distracted drivers, of which, 995 fatal crashes involved drivers distracted by cell phone use.

It was announced Friday, September 2, 2011 by Montgomery County, Maryland officials that there will be a zero-tolerance program to crack down on minor moving violations for drivers and for pedestrians. Such moving violations include: failing to yield the right of way to a pedestrian in a crosswalk and jaywalking.

Drivers who block pedestrian crosswalks, fail to yield to pedestrians, run red lights, do not use turn signals and fail to use their windshield wipers in the rain will be ticketed. Pedestrians, on the other hand will be ticketed if they jaywalk, which is failing to cross at marked crosswalks, fail to obey crosswalk signals and for walking diagonally across intersections.

Each violation will have a fine of $50. The citations/tickets will be issued in high traffic areas and high incident areas, were police officers are more likely to enforce the law. The high incident areas include Piney Branch Road, Wisconsin Avenue, Georgia Avenue, Rockville Pike, Four Corners, Reedie Drive, Randolph Road and Connecticut Avenue.

This crack-down comes due to the fact that between January and June of this year, four pedestrians were killed and 174 collisions involved pedestrians in Montgomery County. In 2010, CountyStat (an oversight department for the county government) reported that there were 436 vehicle collisions with pedestrians and 13 pedestrians were killed. Montgomery County officials also distributed brochures and warned pedestrians of jaywalking in order to improve pedestrian safety. In 2010 alone, Montgomery County spent $8.5 million on pedestrian safety. Therefore, follow the law and remember that your safety on the road, be it as a driver or pedestrian, is your responsibility.

City of Havre de Grace, Maryland, New Parking Fee Schedule is as Follows:

Handicapped Parking $125
Driving over curbs or sidewalks $100
Imitation of Signs of Signals $100
Vehicles Display of Repair on Streets $100
Fire Lane $50
Too Close to Fire Hydrant $50
Abandoned Vehicle $50
Parking at Yellow/Red curb or "No Parking Zone" $25
Time Limit Violation $25
Parking Facing the Wrong Direction $25
Prohibited Parking on City Property $25
Angled Parking $25
Commercial vehicle in Residential Zone $25
Parking on a Sidewalk $25
Other Parking Violations $25
Interference with Traffic control devices and markings $25
Failure to comply with signs, signals and directions $25
Obstruction of Intersections, Crosswalks or Sidewalks $25

Virginia drivers, under the age of 21, could have their license suspended for a year if they get behind the wheel after drinking alcoholic beverages. These underage drinkers and drivers will face stiffer penalties for driving with a blood alcohol concentration of .02% or more. Violators will have their license suspended for a year and will receive either a fine of up to $500 or 50 hours of community service.

In order to make the roads safer, hand-held devices and/or texting have been banned from 33 states on the District of Columbia. Each of these states and the district have specific laws, and they are listed below. Some are primary law and some are secondary laws. A Primary law means that a police officer can ticket the driver for the offense without any other traffic offense taking place. A Secondary law means that a police officer can only give you a ticket if you have been pulled over for another driving violation. Novice drivers are those individuals under the age of 18 with learner's permits and/or individuals with provisional licenses.

In the District of Columbia:
Primary Law:
- Handheld ban for all drivers;
- Ban on all cell phone use (handheld and hands-free) for bus drivers;
- Ban on all cell phone use (handheld and hands-free) for novice drivers;
- Ban on texting for all drivers.

In Maryland:
Primary Law:
- Ban on texting for all drivers;
Secondary Law:
- Handheld ban for all drivers effective October 1, 2010;
- Ban on all cell phone use (handheld and hands-free) for novice drivers.

In Virginia:
Primary Law:
- Ban on all cell phone use (handheld and hands-free) for bus drivers;
- Ban on all cell phone use (handheld and hands-free) for novice drivers;
- Ban on texting for all bus drivers;
Secondary Law:
- Ban on texting for all drivers

In a study conducted by the Maryland State Department of Education, in February 2011, there were 7,028 violations recorded during one single day, for drivers who illegally passed stopped school buses with flashing lights. The study was conducted on 65% of Maryland's bus drivers. 4,000 of these violators were oncoming drivers, who failed to stop. 2,665 drivers passed the buses from behind on the driver's side and 366 drivers passed the buses on the passenger side.

Violating the law in Maryland, currently has a fine of up to $1,000 and three points on your driving record, if a police officer stops you, after failing to stop at least 20 feet from the school bus that has the flashing red lights operating.

Therefore, a new legislation is being passed in Maryland, where cameras would be placed on the buses by county police and the department of education to catch these violators. The violators would be fined $250. No points would be added to ones driving record and it would not be considered a moving violation, but the Motor Vehicle Administration (MVA) could refuse to register or suspend the registration of vehicles in cases where the fines we unpaid.

A report published in February 2010 shows, that in the last five years, fatal crashes at intersections with traffic lights have declined in Maryland and the District of Columbia, but have risen in Virginia. Experts have made the assumption that the drop in fatal crashes in MD and DC are due to the use of red-light cameras.

In Northern Virginia, only Arlington County and Falls Church, currently use red-light cameras. Between 2005 and 2009, fatal crashes in Virginia have increased. In 2005 only 39 fatal crashes occurred, but in 2009, there were 51 fatal crashes. Therefore, other counties in Virginia are seeking state approval to install more red-light cameras.

According to the Insurance Institute for Highway Safety (IIHS), between 2004 and 2008, 159 lives were saved in 14 cities nationwide by the use of red-light cameras. When red-light cameras are used for safety reasons and not just to generate revenue they have shown to save lives. People have a better understanding now of how important it is to not run a red light. The use of red-light cameras makes people drive safer and avoid running red-lights, and therefore, save lives. It is the heavy use of these cameras in Maryland and the District of Columbia that have caused the decline in fatal crashes. It is imperative that other cities and counties in Virginia do the same.

5 Tips to keeping teen drivers safe while driving:

1. Buckle up - make sure a seat belt is worn at all times when behind the wheel. The AAA-Mid Atlantic has done extensive research and has proven that when a lap and/or shoulder belt is used it reduces your risk of being involved in a fatal traffic accident by 45%.

2. Passenger Limit - the fewer passengers in a vehicle the more attentive the teen driver will be while driving. The fewer passengers in a vehicle the fewer distractions the teen driver has and the safer he/she will drive.

3. Maintain Speed Limit - speed limits are determined by road conditions and teen drivers must know to obey the posted speed limits, especially during inclement weather conditions.

4. Do not use cell phone while driving - In the state of Maryland, it is now illegal for anyone under the age of 18 with a provisional driver's license to talk on a cell phone while driving. MD, DC and VA also have strict laws on texting while driving. Therefore, it is best to just have the teen driver not use a cell phone for any purposes while driving; and

5. Do Not allow Driving at night - Studies by the AAA-Mid Atlantic and the National Highway Traffic Safety Administration (NHTSA) show that the most dangerous time for new drivers to be on the road is at night. Therefore do not allow your teen to drive at night unless its an emergency.

Effective June 30, 2008, the state of Maryland, put into effect a New Child Booster Seat Law, which requires all children in Maryland to ride in an approved child booster seat until the age of 8, reach a height of 4'9", or weigh over 65 pounds. This new law also requires that children between the ages of 8-16 be secured in seat belts. Also no child under the age of 16 is allowed to ride in the back of pickup trucks.

Booster seats are intended to provide a platform that lifts the child up off the vehicle seat in order to improve the fit of the child in the adult safety belt.

According to the Centers for Disease Control, motor vehicle injuries are the leading cause of death among children in the U.S. The use of child booster seats for children ages 4-7 reduces the risk of injury from a car accident by 59% compared to using a seat belt without a booster seat.

Each year, an average of 500 children ages 4-7 die and thousands more are injured as a result of automobile accidents. According to the Partners for Child Passenger Safety, booster seats can substantially reduce the risk of death and injury to children through the age of 7. The National Highway Transportation Safety Agency's National Survey of the Use of Booster Seats states that only 25 % of children were properly secured in a booster seat.

Here are some helpful ways to determine when a child is ready to move from a child booster seat to a regular seat, according to the Safety Belt Safe and Safe USA.:

- the child, seating flush against the back of the seat, can bend his/her knees over the seat edge comfortably;
- the should belt rests between the neck and shoulder when seated;
- the lap belt is across his/her lap, not riding up on the abdomen or down on his/her thighs, when seated;
- the child is mature enough to remain in the correct position for the duration of the ride.

The fine for violating the law is $25 in the state of Maryland. 17 states, including Maryland and the District of Columbia have implemented the new booster seat law.

Once the ticket has been written, you have two easy steps you can take: Pay the ticket or appear in court.

When you are issued a ticket and the officer checks the "Notice to Appear" box, you have three of the following options:
- Plead "guilty" and pay the fine. Be aware however, that a plea of guilt results in the charge becoming part of your driving record. You have 15 days to pay the ticket. If the ticket is not paid within 15 days, you will automatically receive a trial date set by the court.
- Wait for trial notice and appear in court. At trial, you and the officer that issued the ticket have the opportunity to appear in court and testify in front of a judge. If you are found guilty, you have the right to an appeal within 30 days. If you do not appear at your trial, the Motor Vehicle Administration will suspend your driver's license.
- Plead "guilty with an explanation". This option gives you the opportunity for a hearing. At the hearing you can request that the fine be reduced or waived.

"Must appear" tickets are given for more serious infractions, such as, driving under the influence, driving while intoxicated, driving on a suspended license, etc. , according to the District Court of Maryland.

The Maryland General Assembly has passed a new law that will come into effect on January 1, 2011. This new law requires anyone who wants a trial to formally request one. The state will no longer automatically send you a trial date notice for a traffic violation. Once the law goes into effect, you have 30 days to respond by either, paying the fine, requesting a hearing or requesting a trial date. When you request a trial date, the District Court will give you a date and time to show up in court, in front of a judge. You may bring witnesses and any evidence to prove your case.

The previous law was changed because the courts were receiving complaints from various jurisdictions about officers wasting time appearing at trials where the defendants did not appear. The new law states that failure to take one of the above options means the Motor Vehicle Administration (MVA) can and will suspend your license.