La Plata. MD – You know how it is. You get a traffic ticket. You put it in the glove compartment along with your registration and next thing you know, you’ve forgotten about it and you’re getting a notice in the mail that you have to pay the ticket or appear in court on the traffic violation. But what happens if the notice from the Motor Vehicle Administration somehow gets lost in the mail and returned to the MVA?

That’s what a Charles County Circuit Court jury sitting before Judge H. James West had to determine Thursday, Oct. 2 in La Plata, ending up unable to reach a verdict Friday morning in the case of Ulysses Barno Jr., 44 of Waldorf, ending in a hung jury.

Barno was driving in Charles County when Officer Laquita Pray of Maryland Transportation Authority at the Harry W. Nice Bridge spotted Barno driving Southbound U.S. 301 Oct. 10, 2013 while talking on his cell phone and pulled him over.

When Pray called in the defendant’s information, as she was to testify during the trial, she was told that Barno’s driver’s license was suspended for failure to comply.
In opening arguments, Charles County Assistant’s State’s Attorney Constance B. Kopelman detailed Barno’s long list of having his driving privilege revoked several times dating back to 1998. She was able to enter that information due to a pre-trial ruling by West, who found the information relevant to the case.

“It is true that the letter sent to him by the MVA was returned,” Kopelman told the jury, “but he knew what would happen if he didn’t take care of it [the ticket]. It had happened before.”

Charles County Public Defender Michele Harewood argued before the jury that Barno, who works out of state a great deal, had lived at his current address for 10 years and always received his mail from MVA in the past.

“When he was notified of a problem he took care of it,” she stated. “Those suspensions were withdrawn on a regular basis.”

Kopelman had MVA investigator Ray McCaulsky testify for the state that when the defendant was issued an “e-ticket” by Officer Pray, the citation clearly explains three options for resolving the citation.

“He didn’t do any of them,” McCaulsky said.

He also testified that fifteen days after Barno’s ill-fated phone call, the citation was paid and the suspension was withdrawn.

Harewood carefully drew a detailed chart, which West allowed over the state’s objection, of the times her client had his license suspended and the lengthy demonstration leaned in Bargo’s favor when in each instance, she was allowed to clearly illustrate that in each case the suspensions were withdrawn.

Barno testified on his own behalf, stating that he worked as a foreman for an electric company installing systems in Family Dollar stores throughout eastern Pennsylvania and Philadelphia and was designated driver for 10 workers.

“I’m always on the road,” he said.

“I have had a lot of suspensions,” Barno confessed. “Every time I got a notice, I took care of it. I’m required to have a valid license. I’m out of town a week at the time. That’s the reason I was consistently taking care of it. Without paying it, I can’t work. I have to go take care of it.”

When asked by Harewood his reaction when told by Officer Pray that his license was suspended Oct. 10, 2013, “I was very surprised,” he said.

He testified that when the letter from MVA was returned, he had no way of knowing.

“I might have been in Pennsylvania,” he said.

“If you knew your license was suspended, you wouldn’t be driving?” Harewood asked him.

“No, I wouldn’t,” Barno said.

In cross-examination, Kopelman hammered away at Barno’s not having paid a traffic ticket dating back to July.

“On that ticket was clearly outlined that you had three options,” Kopelman said. “You could pay the fine within 30 days, waive a hearing or request a trial within 30 days. You didn’t pay it within 30 days.”

“I may have been out of town,” he said. “I paid it as soon as I found out.”

“You paid it Oct. 25,” Kopelman countered, “well over 30 days. It was about 90 days.”

“I forgot about it,” he said. “I was out of town a lot.”

After deliberating into the evening, West sent the jury home with instructions. They resumed deliberations at 8:30 a.m. Friday, Oct. 3 and around 10 a.m. finally declared to the judge that they could not reach a decision.

West declared a hung jury, thanked them for their service, and rescheduled a new trial for March 3, 2015.

Contact Joseph Norris at joe.norris@thebaynet.com