District Court Grudgingly Accepts Innocence as Defense

District Court judges in Montgomery County dismissed three speed camera citations, albeit somewhat reluctantly, after the person named in the citations successfully proved that they were not the driver of the vehicle and argued that state law specifically permits this as a defense. Both defendants successfully argued that state law does not require that they identify the driver.

Innocent Motorists Prevail in Court --- Barely 
On May 12, 2014 Attorney Paul Layer argued that he was not driving the vehicle at the time when two citations were issued under his name. Layer pointed out that Transportation Article §21-809(f)(1)(ii) specifically permitted that it was a defense if the person named in the citation was not driving. Transportation Article §21-09(f)(3) required that to exercise this defense, the defendant must mail the court a sworn affidavit stating they were not the driver certified mail return receipt requested, along with "corroborating evidence". Layer provided the court with plane tickets showing he was not present at the time, and a copy of the statement with the certified mail receipt he had mailed to the court.
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