Maryland's traffic laws are crucial in promoting safe and lawful driving practices. These rules are designed to protect all individuals using the roads while helping drivers steer clear of legal troubles and their repercussions.
The enforcement and administration of Maryland's traffic laws involve a collaborative effort among multiple state entities. The Motor Vehicle Administration (MVA), a division of the Maryland Department of Transportation (DOT), works with the Maryland State Police and various local law enforcement bodies to ensure compliance with these regulations.
Maryland traffic violations are processed through the state's District Courts or Circuit Courts, which fall under the Maryland Judiciary. These courts address many traffic-related offenses, ranging from minor infractions to more severe offenses.
Drivers who fail to comply with Maryland's traffic laws may face many consequences. Hence, drivers must adhere to traffic laws and contribute to the overall safety of Maryland roadways.
What Are the Major Traffic Violations in Maryland?
Maryland has strict laws and penalties for traffic violations. Here are some examples of these traffic violations:
Reckless and Negligent Driving
As per Section 21-901.1 of the Maryland Code, drivers commit reckless driving when they intentionally or willfully disregard the safety of others or their properties when driving. When the driver is careless or imprudent, it endangers others or their properties. The driver is committing negligent driving.
Drivers caught committing negligent driving may have to pay up to $240 in fines, while reckless driving will incur up to $1,000. When convicted of reckless driving, the driver may also face higher insurance rates or license suspension.
Fleeing or Eluding Police
As per MD Code Section 21-904, fleeing from or eluding police arrest or stops is a traffic violation despite being told to stop. The penalties will depend on the extent of the offense.
- First offense: A fine of up to $1,000 and up to one year in jail
- Second offense: A fine of up to $1000 and up to two years of incarceration
Note that if the driver causes injury or the death of another person when fleeing or eluding the police, the driver will incur the following penalties:
- Bodily injury: A fine of up to $5,000 and up to three years in prison
- Death: A fine of up to $5,000 and up to ten years in prison
Speeding Violations
All drivers in Maryland must follow these statutory speed limits:
- Interstate highways and expressways: 70 mph
- Other divided highways: 55 mph
- Other undivided highways: 50 mph
- Divided highways (residential district): 35 mph
- Undivided highways (residential district): 30 mph
- All business district highways: 30 mph
- Alleys in Baltimore County: 15 mph
To learn more about these speeding limits, visit the "Speed Limits" page in the DOT's State Highway Administration (SHA).
Exceeding these limits reduces a driver's reaction time and increases stopping distance, potentially leading to severe accidents. Fines for speeding violations are as follows:
- 1-9 mph over the limit: $80, 1 demerit point
- 10-19 mph over the limit: $90, 2 demerit points
- 20-29 mph over the limit: $160, 2 demerit points
- 30-39 mph over the limit: $290, 5 demerit points
- At least 40 mph over the limit: $530, 5 demerit points
There are also additional fines for speeding on a highway with a limit of 64 or 75 mph:
- 10-19 mph over the limit: $160, 2 demerit points
- 20-29 mph over the limit: $290, 2 demerit points
Hit and Run
Under the MD Code Section 20-102, leaving the scene of an accident that resulted in the victim being injured or dead is a traffic violation. Drivers who do this intentionally leave the other party helpless and impede law enforcement investigations.
Drivers who are convicted of hit and run may face the following penalties:
- Accidental bodily injury: Up to one year in jail and a fine of up to $3,000
- Accidental death: Up to five years in prison and a fine of up to $5,000
- Intentional bodily injury: Up to five years of incarceration and a fine of up to $5,000
- Intentional death: Up to ten years in prison and a fine of up to $10,000
Driving Without a License or With a Suspended or Revoked License
Individuals can't legally drive vehicles on Maryland roadways if they don't have a license. As per MD Code Section 16-101, the driver may face the following penalties if convicted:
- First offense: Up to 60 days in jail and a fine of up to $500
- Second and subsequent offenses: Up to one year in jail and a fine of up to $500
It is also illegal to drive if the license is suspended or revoked. If convicted, the driver may face the following penalties as per MD Code Section 16-303:
- First offense: Up to one year in jail and a fine of up to $1,000
- Second and subsequent offenses: Up to two years of incarceration and a fine of up to $1,000
Driving Under the Influence (DUI) or Driving While Impaired (DWI)
According to Section 21-902 of the Maryland Code, it is illegal for any individual to drive their vehicle while under the influence of alcohol (DUI) or impaired by alcohol (DWI).
If caught, the individual can face the following penalties:
- DUI
- First offense (no minor passenger): Up to one year in jail and a fine of up to $1,200
- Second offense (no minor passenger): Up to two years of incarceration and a fine of up to $2,400
- First offense (with minor passenger): Up to two years of incarceration and a fine of up to $2,000
- Second offense (with minor passenger): Up to three years of incarceration and a fine of up to $3,000
- DWI
- First offense (no minor passenger): Up to two months in jail and a fine of up to $500
- Second offense (no minor passenger): Up to one year in jail and a fine of up to $500
- First offense (with minor passenger): Up to one year in jail and a fine of up to $1,200
- Second offense (with minor passenger): Up to two years of incarceration and a fine of up to $2,400
There are also separate penalties for drivers who are caught driving under the influence of drugs or a combination of drugs and alcohol. Check MD Code Section 21-902 for the specific penalties.
Maryland has an implied consent law. Under this law, drivers automatically consent to get tested for DUI or DWI when suspected of these offenses. If the driver evades testing, their license will be automatically suspended for 270 days for the first offense. Subsequent refusals will lead to one year or more of license suspension.
Maryland Ignition Interlock Program
In addition to being required for certain DUI offenses, individuals with suspended licenses can enroll in Maryland's Ignition Interlock Program. Enrollment in the program allows drivers to obtain a restricted license and prevents their license from being revoked.
The length of participation in the program will depend on the offense. For example, those with first offense convictions can attend for several months to a year. However, habitual offenders or those with four or more offenses must join for at least two years.
Driving Without an Insurance
In Maryland, all vehicles must have the following minimum liability insurance coverage:
- $30,000 for bodily injury per accident
- $60,000 for two or more people per accident
- $15,000 property damage per accident
If caught driving uninsured, drivers will face the following penalties:
- A fine of $200 for the first 30 days and $7 for each additional day
- Possible suspension of vehicle registration. If caught driving with a suspended registration, the vehicle will be impounded.
If an insurance violation is confirmed and the driver has to pay fines, they can arrange a fine payment plan. For more information, check the "Arranging a Fine Payment Plan" page on the official MVA website.
How Does Maryland's Point System Work?
Maryland employs a driver point system to identify and address potentially negligent drivers. In this system, drivers start at zero and accrue points for various traffic offenses. Here is an overview of the system:
Point Distribution for Common Violations
Maryland's point system assigns different points for traffic violations based on the severity. Here are some examples:
- Driving without a license: 5 points
- Driving with a suspended or revoked license: 12 points
- Driving uninsured: 5 points
- Failing to stop at the scene of the accident: 12 points
- Speeding over the limit: points depend on how much is the excess
- Reckless driving: 6 points
- Negligent driving: 1 point
- Driving under the influence: 12 points
- Driving while impaired: 8 points
For a full list of traffic violations and their corresponding demerit points, check the "Schedule of Pre-Set Fines" outlined by the Maryland District Court.
Consequences of Point Accumulation
Drivers who have accumulated a certain amount of demerit points within two years may face additional consequences:
- 3-4 points: Receive a warning letter from MVA
- 5-7 points: Mandatory enrollment in a Driver Improvement Program (DIP)
- 8-11 points: Receive notice of suspension or notice of point suspension
- 12 points or more: Receive notice of revocation
For drivers that accumulated 8-11 demerit points, they may be issued any of the following:
- Notice of Suspension:
- Applicable if at least one of the violations is drug or alcohol-related
- Individuals can accept the suspension or request a hearing (with fees)
- Notice of Point Suspension:
- Applicable if none of the violations is drug or alcohol-related
- Individuals can accept the suspension, request a hearing (with fees), or enroll in the Ignition Interlock Program
Read more about the point system on the "Point Accumulation" page on the Maryland MVA website. Drivers can also call the MVA Customer Service Center at 1-410-768-7000.
Point Retention and Reduction on Driving Records
In Maryland, demerit points can stay in an individual's driving record until the MVA officially expunges them. However, after two years, the points are no longer considered current but will stay accessible to insurance companies and employers for up to three years.
Note that only drivers who meet the following requirements are eligible for official expungement of their points after the last conviction or moving violation:
- Clean record (no suspensions, revocations, or moving violations): Within 31 days
- There are no safety-related suspensions or revocations, but there are moving violations: Three years after
- One safety-related suspension, never revoked: Five years after
- Multiple safety-related suspensions or previously revoked: Ten years after
What Is the Process for Handling Traffic Tickets in Maryland?
Receiving a traffic ticket in Maryland can be a stressful experience, but understanding the process can help drivers navigate their options efficiently. These options are divided into four, and any of these four must be completed within 30 days after the driver receives a traffic ticket.
Pay the Fine and Plead "Guilty"
Drivers can accept the ticket and plead "guilty," after which they must pay the corresponding fine. There are several options to pay, including:
- Online via the District Court payment portal
- By phone at 800-492-2656
- By mailing a check or money order to:
District Court Traffic Processing Center
P.O. Box 6676
Annapolis, MD 21401
- In person at any Maryland District Court location
- In person at any MVA office using the Maryland Uniform Traffic Citation Payment Kiosk
Request for a Payment Plan
Drivers who cannot pay the full fine can request a payment plan. To request the payment plan, the driver must follow these steps:
- Review each violation on the traffic ticket.
- For each violation the driver wants to request a payment plan, they must find the "Request a Payment Plan" checkbox and check this box.
- Sign the ticket with the current date after marking all desired payment plan requests.
- Find the mailing address on the ticket and mail the completed and signed form to this address.
Request a Waiver Hearing or a Trial to Plead "Not Guilty"
Drivers can also request a waiver hearing where they can plead "guilty with an explanation." This type of hearing allows the driver to admit guilt while potentially influencing the penalties, such as reducing the fine or avoiding points on their driving record.
Drivers can also dispute their traffic tickets through a court trial. To request the hearings, drivers should look for the "Request a Waiver Hearing" box on the traffic ticket and check it. If the request is for a trial, drivers must check the "Request a Trial" box. Then, they must sign the ticket and send it to the District Court Traffic Processing Center.
The driver must appear in a court trial if the law enforcement officer didn't check the "This is a payable citation" box on the traffic ticket. The court will usually notify the driver to inform about the trial date.
Accessing and Losing the Traffic Ticket
Drivers can use the Maryland Judiciary's online Case Search to access their citations or tickets. If drivers lose their traffic ticket, they can use the Lost or Missing Citation Option Form (DR-490).
How Are Accident Reports Handled in Maryland?
In Maryland, reporting and obtaining accident reports is crucial to the post-accident process. These reports provide an official record of the incident, which can be important for insurance claims, legal proceedings, and other purposes.
Filing an Accident Report
Drivers must call 911 to report a vehicle accident if any of the following conditions are met:
- An occupant is injured or dead.
- A driver is suspected of DUI or DWI.
- A vehicle needs to be towed.
- A driver refuses to exchange information.
- A driver is unlicensed.
- A driver flees the scene.
Even if these conditions are not met, it is often advisable to contact the police to document the incident, which can be crucial for insurance claims and legal matters later on.
Drivers must be cooperative and respond to any question the police may have. They can also check the WreckCheck App ( Android and iPhone) for a checklist of what to do during the accident.
If the police responded to the scene, the drivers involved don't need to file their accident reports. The police will file their reports, and the drivers involved in the accident will get a copy.
If there is no police involvement, drivers can file the report with the Maryland MVA within 15 days of the accident. Some counties also have their reporting portals. For example, to file an accident report in Baltimore, drivers can follow the steps outlined in the "File a Police Report" page of the Baltimore Police Department.
Obtaining an Accident Report
To obtain a copy of the accident report, drivers can choose any of these options:
In-Person at the MSP Barrack
Drivers can get a copy of the crash report at the MSP Barrack ten days after the accident. They must pay $4 by check or money order only. If possible, drivers should call ahead to confirm the report's availability.
Request by Mail
Drivers can also request a copy of the report by mail. They must complete, download, and print the online Request for Motor Vehicle Crash Report form. Then, mail it with a $4 check to the address indicated in the form ten days after the accident.
Online
For convenience, drivers can fill out the online request form and email it to msp.crd@maryland.gov. A $4 fee is still required.
In-person at the Central Records Division
Drivers can also get a copy at the Central Records Division in person if they can. The office is open weekdays from 8:30 am to 4:30 pm, except on holidays.
Other Options
If the accident occurred in Baltimore, drivers can get a copy of the crash report from the Baltimore Police Department by calling 410-396-2234 or 410-396-2222. They can also send the Police Report Request Form and email it to CCU@baltimorepolice.org.
Drivers can also obtain a copy of vehicle accident reports through the Maryland Transportation Authority (MDTA) Police. For more information, check these instructions for requesting MDTA reports.
How Accident Reports Affect Insurance and Legal Matters
Maryland accident reports play a crucial role in insurance claims and legal proceedings. These reports fulfill the following purposes:
- Help insurance companies determine fault and liability.
- Provide essential details about the accident circumstances.
- Expedite the claims process.
- Serve as vital evidence in court cases, especially for severe injuries or disputed incidents.
- Aid in establishing facts, context, and contributing factors to accidents.
These reports are fundamental for insurers, attorneys, and courts to make informed decisions and pursue fair resolutions in accident-related cases.
What Should Drivers Know about Traffic-Related Arrests in Maryland?
Maryland law enforcement may arrest drivers for serious traffic violations, such as reckless driving, DUI, or driving with a suspended license. These arrests typically occur during traffic stops when officers observe violations or suspicious behavior.
During stops, officers may conduct field sobriety tests, request breathalyzer samples, or gather evidence to establish probable cause for arrest. Arrested drivers have the right to remain silent and request legal counsel.
Consequences of traffic-related arrests in Maryland can include:
- Criminal charges
- Fines
- License suspension or revocation
- Probation
- Mandatory education or treatment programs
- Possible incarceration for serious offenses
Beyond legal consequences, arrests can cause emotional stress, relationship strain, and reputational damage. Due to these significant impacts, arrested drivers should consult experienced criminal defense attorneys to navigate court proceedings and work towards the best possible outcomes in traffic-related cases.