Driving on a Suspended License in Maryland
Many people do not realize how seriously the state of Maryland and the Maryland Motor Vehicle Administration (MVA) take charges of driving on a suspended license.
Driving on a suspended license in Maryland is a crime punishable by up to $1000 in fines and a year in jail. In fact, repeat offenders with enhanced penalties can receive up to three years in jail. Those charged with driving while suspended should contact a lawyer for help.
There are a number of reasons the MVA may suspend or revoke a Maryland driver's license:
· Failure to appear in court for a minor traffic violation
· Failure to pay a Maryland traffic ticket
· Failure to pay an out-of-state traffic ticket (through the Interstate Compact)
· Too many points accumulated against the license
· Failure to pay child support
· Failure to pay civil judgment related to an automobile accident
· DUI/DWI
If you continue to drive after your license is suspended, you risk a criminal charge of driving on a suspended license. An attorney can help you avoid jail time and possibly reinstate driving privileges on a limited basis.
Experienced Maryland traffic lawyers have several tools and resources for helping you fight your charge. First, if the MVA did not appropriately or adequately attempt to notify you of the suspension, your attorney may argue that you had no way of knowing that your license was suspended. Additionally, your Maryland MVA lawyer can dispute the reasons for the suspension or help you take steps to reinstate your license prior to your court date for the Maryland driving on a suspended license charge. Finally, a skilled Maryland traffic attorney may be able to negotiate a plea to a lesser charge in the event that the driving while suspended charge cannot simply be dismissed.
For a consultation and evaluation of your case, contact a Maryland traffic attorney with Price Benowitz LLP. Lawyers at Price Benowitz LLP represents all Maryland traffic violations, including driving on a suspended license, driving with a revoked license, DUI/DWI, and reckless driving.
§ 16-303. Driving while privilege is canceled, suspended, refused, or revoked.
(c) Suspended licenses generally.- A person may not drive a motor vehicle on any highway or on any property specified in § 21-101.1 of this article while the person's license or privilege is suspended in this State.
If a driver has had their license suspended, this means the Maryland Vehicle Administration has temporarily withdrawn the driver's license to drive a motor vehicle. The withdrawal is only for a period of time fixed by the Administration (for example, a driver can have their license suspended for 30 days).
According to subsection (c), if a Maryland driver has had their license or privilege to drive suspended under the laws of Maryland, then they are prohibited to drive a motor vehicle on any Maryland highway or any other Maryland public roads until the suspension is complete.
There are several types of "driving suspended" charges that can be issued. The two driving suspended charges that apply to a suspension within the State of Maryland are 16-303(c) and 16-303(h). Both of these are very serious and the assistance of an attorney is very important.
There are several differences between the two charges. If you are charged with a violation of 16-303(c), the maximum penalty is 1 year in jail and/or a $1,000 fine. Further, it can put 12 points on your driving record, which will revoke your privilege to drive. For a second conviction of 16-303(c), the maximum penalty increases to two years incarceration and/or $1,000 fine. If you are charged with a violation of 16-303(h), the maximum penalty is 60 days in jail and/or a $500 fine. Further, it can put 3 points on your driving record.
The reason for the two different statutes is that there are many different reasons your privilege to drive can be suspended. The reason your license is suspended will determine which charge you are facing. For example, the 16-303(c) charge would apply if your license is suspended for receiving a DUI, child support issues, failing to attend a driver improvement program, points accumulation, or failure to pay a civil judgment. These are a handful of examples in which a charge of driving suspended under 16-303(c) would apply. The 16-303(h) charge would apply if your license was suspended for failure to pay a traffic ticket/fine, failure to appear in court for a ticket, and/or failure to maintain insurance. The officer will likely issue you tickets for both charges. This is because when they check your license status, if it comes back as "suspended," the officer is not told the reason for the suspension. He or she will likely issue tickets for both to ensure the state can proceed on whichever charge may apply in your case.
Many people do not realize they are technically being arrested when they are charged with the crime of driving on a suspended license. This is because police officers have the ability to "discretionarily release" you on the side of the road once the ticket has been issued. If they choose this option, you are not taken to the police station to be booked and processed like a standard arrest. Also, you are generally never handcuffed or put in the back of a police car. Instead, you are being released upon your promise to see a commissioner and appear in court when notified to do so. However, it is very important to understand that although you were not taken to the police station, you have still technically been arrested and charged with a serious crime.