Traffic

DUI/DWI

Maryland Traffic Offenses

In Maryland, driving is not an inalienable right. It is a privilege. In this case, the right is bestowed upon you by the Maryland Motor Vehicle Administration (MVA). Maryland does not take Traffic Offenses lightly and neither should you.

Under Maryland traffic laws, offenses are divided into two categories. The more serious driving offenses are called incarcerable offenses, meaning that you can serve jail time if you are found guilty of the charges.

Incarcerable traffic offenses include:

Driving on a Revoked license
Driving on a Suspended license
Driving without a license
Driving without Insurance
Reckless Driving

Negligent Driving
Fraudulent Use of a license
DUI/DWI
Leaving the Scene of an Accident
Vehicular Manslaughter

Not only do you risk jail time with these charges, but any guilty finding will leave you with a criminal record which can negatively impact your life in hundreds of ways.

Roper & DiBlasio knows how to fight traffic charges. We will fight to keep your record clean, and challenge the prosecution on every point. Even if you made a mistake, you do not deserve to be scarred with a permanent criminal record.

Maryland Criminal Traffic Charges & Penalties

Charge	Penalty	Points on Insurance Rates
Driving on a Suspended License	Maximum of 1 year in jail & $1,000 Fine	12 points
Driving Without a License	Maximum of 60 days in jail & $500 Fine	5 points
Driving Without Insurance	Maximum of 1 year in jail & $1,000 Fine	5 points
Leaving the Scene of an Accident with Injury	Maximum of 5 years in jail & $5,000 Fine	12 points
Leaving the Scene of an Accident with Property Damage	Maximum of 60 days in jail & $500 Fine	8 points
Reckless Driving	Fine—$1,000	6 points
Negligent Driving	Fine—$140	1 point

Driving with a Suspended or Revoked License Attorneys

In every state across America, it is illegal to drive while your license is suspended or revoked. In Maryland, it is possible to receive jail time if you are found guilty of driving while your driver’s license is suspended or revoked.

If the state believes you were fairly and legally notified, the defense, “I didn’t know it was suspended” will not hold up in court. There are two types of suspension you can receive from the Motor Vehicle Administration—points suspension and standard suspension.

Points Suspension

If you accumulate 8 to 11 points through traffic violations or any other violation not related to alcohol or drugs, your license will be suspended. You will not be able to drive for anywhere from three months to a year, depending on your situation. You must return your license through the mail or in person to any MVA office. If you do not agree that your license should be suspended, you have fifteen (15) days to appeal and ask for a hearing. Until the hearing your license is still considered suspended and you are not allowed to operate a vehicle.

Standard Suspension

This suspension is like the Points Suspension, but one of the infractions adding up between 8 and 11 points is drug or alcohol related. However, you can also receive a standard suspension by failing to pay a traffic fine or falsifying information on your driver license.

License Revocation

If you accumulate 12 or more points on your driving record in a two-year span, the MVA will revoke your driving privilege. This means the license is terminated. When and if you are allowed to reinstate again, you must re-apply for a new driver’s license. If your offense was related to alcohol, you may be required to have an interlock (breathalyzer device) installed in your vehicle. You will also likely be required to take alcohol education classes for a specified amount of time.

Speeding Tickets and Moving Violations

If you received a ticket for a moving violation or speeding that is considered a non-incarcerable offense, there may be good reasons to challenge the ticket.

At your trial, the Police Officer may be required to provide certain testimony regarding your speed, the location of the stop, the calibration of the radar gun, and his/her ability to perform a speed check in order for the Court to find you guilty of speeding. In the event you were speeding you may be eligible for probation before judgment or a reduction in points and fine, if you can convince the judge you are worthy.

If you have previous violations that put you at risk for a license suspension, you may want to fight the ticket in court. A suspended license can put you at risk of losing your job if a car is the only way for you to get to work, or if you drive as part of your employment.

In many cases, depending on the points you are carrying on your license, legal fees are cheaper than the long term increased rates to your auto insurance.

MVA Hearings

MVA hearings are a unique experience because the MVA is independent from the courts. MVA hearings were created to carry out the Maryland Vehicle Laws. Some of what they determine is whether or not someone will lose their driver’s license after a DUI, DWI, accumulation of points on your driving record, or provisional license violations. License suspensions, particularly after a DUI/DWI charge and other matters can be challenged in a hearing at the Maryland Motor Vehicle Administration (MVA). In these cases, you have only 10 days to request a hearing, or else you give up the right to challenge your license suspension.