A question most lawyers in Maryland ask is: How can the State introduce the driving record in Maryland? Attorneys will often argue before the Court that a driving record is not admissible and therefore there is no proof that a driver was suspended or revoked on the date in question.
The Maryland Transportation Code §12-113 provides a way for the State to introduce the driving record without a subpoena copy or a certified copy from the MVA.
12-113. Records Copies; certified copies; use in judicial proceedings
(a) Copies; certification of records.
(1) Subject to § 12-111 of this subtitle and § 4-320 of the General Provisions Article, the Administrator or any other officer or employee of the Administration designated by the Administrator may furnish on request a copy or a certified copy of any record of the Administration.
(2) The Administration may establish and charge a fee for each record it furnishes or certifies. The revenue from the fee shall not be subject to the distribution provisions of Title 8, Subtitle 4 of this article.
(3) No charge shall be made to a police agency, fire department, or court in this or any other state or a police agency or court of the United States government.
(4) The fee established and charged under this section may exceed the amounts authorized under § 4-206 of the General Provisions Article.
Admissibility of Certified Copies of Driving Record in Maryland
(b) Admissibility of certified copies generally and computer printouts of driving records; subpoena.
(1) A certified copy of any record of the Administration or comparable agency of any state is admissible in any judicial proceeding in the same manner as the original of the record.
(2)(i) A computer printout of any driving record or vehicle registration record of the Administration that has been obtained by a law enforcement unit, as defined in § 10-101(f) of the Criminal Procedure Article, or court through a computer terminal tied into the Administration is admissible in any judicial proceeding in the same manner as the original of the record.
Computer Generated Printout
(ii) The computer printout of the driving record or vehicle registration record shall contain:
1. The date the record was printed; and
2. A jurisdiction code identifying the site where the record was printed.
(3) If a subpoena is issued to the Administrator or any other official or employee of the Administration for the production in any judicial proceeding of the original or a copy of any book, paper, entry, record, proceeding, or other document of the Administration:
(i) The Administrator or other official or employee of the Administration need not appear personally; and
(ii) Submission of a certified copy or photostat of the requested document is full compliance with the subpoena.
If you have been charged with a traffic violation in Maryland and you need an attorney to represent you in Court. Contact the Law Offices of G. Randolph Rice, Jr., LLC, at 410-288-2900 or email the office for immediate legal help.