MARYLAND TRAFFIC LAWYERS
DEFENDING CLIENTS CHARGED WITH TRAFFIC TICKETS IN MARYLAND & SPEEDING OFFENSES IN MARYLAND
MARYLAND TRAFFIC LAWS PRIMER
Persons charged with Maryland traffic offenses can be in two categories. In both cases, it is best to appear with a Maryland traffic defense lawyer to work on behalf of the defendant. Because Maryland traffic offenses carry criminal sanctions such as fines, probation jail as well as administrative sanctions that could fall up under the (MVA) Maryland Motor Vehicle Administration. Sanctions are contained in Transp. II Section 27-101. The potential administrative sanctions are documented in Transp. II Section 16-205-16-405.
Minor Motor Vehicles are non-incarcerable motor vehicle dockets. Most allow for prepayment in lieu of appearance. With appropriate legal representation and fines, points and can be reduced and PBJ disposition can be achieved. Since traffic violations have a criminal and administrative component that require very specific negotiation and awareness of the interrelationship of the two, a Maryland traffic lawyer must take specific steps to ensure that any plea acceptance address the potential issues that may be raised to address the individuals driving privileges before the (MVA) Maryland Motor Vehicle Administration.
Major Motor Vehicle offenses cannot be prepaid and the defendant must appear in court and most offenses carry incarceration from 2 months to 1 year, 500-100 fine and 8-12 points. MVA maintains the records. In addition, under Maryland code criminal procedure 6-220, a judge may suspend a judgment of guilt and place an offender on probation.
Several defenses may be raised by a Maryland traffic attorney. The first step is for the Maryland traffic lawyer to review the charging document, venue and elements of the charges along with all Fourth Amendment Protections. All of these defenses must be raised by the Maryland traffic attorney at the initial stages of the trial. Remember Brady discovery is an option for non jail able offenses.
Continuances are only granted with good cause, so it is incumbent upon the Maryland traffic attorney to provide legal guidance that will ensure that a Speedy Trial is requested and address any double jeopardy issues.
Statute of Limitations applies to motor vehicles case (1-year). There are a few exceptions, which include automobile manslaughter, homicide while under the influence of alcohol and homicide while impaired by alcohol. The latter offenses carry a (3-year).
There are two types of diving suspensions. Driving while suspended or revoked-Transp II 16-303(h)-failed to pay a citation or appear in court carries a fine of 500 and or 60 days in jail and 3 point at the MVA. Hit and Run Transp., Fleeing and Eluding- Transp. II 20-904 and Driving Without Insurance-17-107. Driving while under the influence 21-902 can carry 12 points, (MVA) Maryland Motor Vehicle Administration potential revocation of license, one year in jail and $1,000 fine. Maryland law usually incorporates an immediate loss of license, which will also incorporate a graduated suspension phase. These actions will be separate from the MVA proceedings.
Aggressive Driving was created by the Maryland Legislature in great part to combat the problem of road rage. It was designed to enhance the penalties for those drivers who might be a bit short on patience.
We handle cases all throughout the State of Maryland. If you wish to consult one of our SRIS, P.C. Maryland traffic violation attorneys, please simply contact us by calling us at our toll free number, via e-mail or by filling out our on-line form. A lawyer who is highly skilled in defending clients charged with a traffic offense in Maryland will consult with you regarding your matter.
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To obtain a general overview of traffic defense, please click here.
To learn more about the laws pertaining to traffic defense in Virginia or Massachusetts, please click on the state.
The following is the statute on Aggressive Driving in Maryland. Please feel free to click on the link to learn what constitutes Aggressive Driving in Maryland.
- Aggressive driving
- Driving after arrest for certain violations
MD Code, Transportation, § 21-901.2. Aggressive driving (top)
A person is guilty of aggressive driving if the person commits three or more of the following offenses at the same time or during a single and continuous period of driving in violation of:
(1) § 21-202 of this title (Traffic lights with steady indication);
(2) § 21-303 of this title (Overtaking and passing vehicles);
(3) § 21-304 of this title (Passing on right);
(4) § 21-309 of this title (Driving on laned roadways);
(5) § 21-310 of this title (Following too closely);
(6) § 21-403 of this title (Failure to yield right-of-way); or
(7) § 21-801.1 of this title (Exceeding a maximum speed limit or posted maximum speed limit).
MD Code, Transportation, § 21-902.1. Driving after arrest for certain violations (top)
(a) In this section, “arrestee” means a person who has been arrested for a violation of § 21-902 of this subtitle or Title 2, Subtitle 5 or § 3- 211 of the Criminal Law Article.
(b) An arrestee may not drive a motor vehicle within 12 hours after the arrestee’s arrest for a violation of § 21-902 of this subtitle or Title 2, Subtitle 5 or § 3-211 of the Criminal Law Article.
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