Traffic Violations in Maryland
When road users violate road safety regulations, they commit traffic violations. Various traffic violations can occur in Maryland. The state classifies these violations based on their gravity: minor or severe. Minor traffic violations are the less severe offenses, which often result in the payment of fines to the state. Examples include speeding, failing to yield right of way, and running a red light. On the other hand, serious traffic violations attract more dire consequences. Unlike minor violations, they are usually criminal and lead to heavy penalties such as lengthy prison sentences, license revocation, and costly fines. Examples include vehicular manslaughter, drunk driving, and driving with a suspended license.
In Maryland, the district court and Motor Vehicle Administration (MVA) enforce traffic laws and penalize offenders. While the court imposes legal penalties fitting an offense, the MVA deals more with sanctions that affect a motorist’s license and driving privileges. This includes license suspensions/revocations and demerit points. In addition, these offenses are typically included in the offenders Maryland traffic records.
Types of Traffic Violations in Maryland
Ordinarily, Maryland classifies traffic violations as minor or serious offenses. This classification helps the courts, prosecutors, and the Motor Vehicle Administration determine the seriousness of a person’s offense and what penalties should be sustained. However, when assessing a violation, these entities also consider whether an offender’s vehicle was mobile or not at the time of the offense. As a result, a traffic offense may be further classified as a moving or non-moving violation.
Moving Violations
A moving violation occurs when a person violates a traffic law while operating a motor vehicle. Examples include:
- Driving over the speed limit
- Drunk driving
- Running a stop sign
- Vehicular manslaughter
- Failing to yield the right of way
- Hit and run
- Tailgating
Because moving violations often endanger the lives of road users, the penalties imposed can be severe. Depending on the offense, a violation may lead to the payment of fines alone, and others may attract imprisonment.
Non-Moving Violations
A non-moving violation refers to a sort of offense committed while a vehicle is not being operated (i.e., when it is parked, stopped, or standing). It also encompasses offenses involving faulty vehicle equipment or paperwork issues. Examples include:
- Parking in a no-parking zone
- Parking at an expired parking meter
- Parking in front of a driveway
- Expired or no license plate
- No proof of insurance
- Broken headlight or tail light
- Driving without a seat belt
Maryland Traffic Violation Code
Maryland enacts a code (a collection of statutes) that guides and protects road users. These statutes identify unlawful acts that are deemed traffic violations and outline their penalties. The traffic procedures used by law enforcement agents and the courts to uphold justice and settle traffic-related matters are also established under the code.
Maryland’s traffic violation code is contained in the Maryland Transportation Article. Besides reviewing the code online, the state also provides motorists with a driver’s manual. This manual outlines the regulations for different license holders (commercial and non-commercial licensees), including traffic violations and their consequences.
Maryland Felony Traffic Violations
In Maryland, most traffic offenses are either misdemeanors or civil infractions. However, when the judiciary determines an offense to be more severe than a misdemeanor or infraction, it is often treated as a felony. Felonies may result in fatalities, serious bodily injury, and property damage. Sometimes, an offense will be labeled a traffic felony based on its persistent repetition.
The following are examples of felony violations in Maryland:
- Vehicle manslaughter
- Hit and run
- Driving while impaired or under the influence (a repeat offense)
- Driving under the influence, leading to the loss of life
Traffic felony offenders usually incur prison sentences that are more than a year. This punishment is in addition to fines and loss of driving privileges, among others.
Maryland Traffic Misdemeanors
Traffic misdemeanors in Maryland are violations that often lead to an incarceration sentence of less than a year. In the state, most traffic violations are classified as misdemeanors. However, they do not have equal weight and punishment under the law.
The penalty for a traffic misdemeanor is often assessed based on certain factors: the extent of damage, victim status, the circumstances of the crime, and the prior conviction record of the offender. For example, the penalty for reckless driving is not the same as a DUI (driving under the influence) or DWI (driving while impaired), although all three are traffic misdemeanors.
Examples of traffic misdemeanors in Maryland include:
- Driving while impaired
- Reckless driving
- Driving without a license
- Driving without insurance
- Driving without registering a vehicle with the Motor Vehicle Administration
- Driving under the influence
- Driving with a suspended, revoked, or canceled license.
- Cell phone violations
- Negligent driving leading to a casualty
Maryland Traffic Infractions
Maryland traffic infractions are minor, noncriminal offenses. Unlike felonies and misdemeanors, these offenses do not carry a jail term. Instead, the courts punish offenders with fines and other noncriminal penalties. The Motor Vehicle Administration may also assess demerit points against offenders convicted of these violations. Examples of traffic infractions include:
- Driving without wearing a safety belt
- Driving without the use of a proper child restraint
- Failing to yield the right-of-way
- Improper U-turn
- Driving with expired license plates
- Violating a traffic control device
- Exceeding the approved speed limit
- Failing to wear an approved helmet while driving a motorcycle
Maryland Traffic Violation Codes and Fines
As noted earlier, traffic violations in Maryland vary in severity and attract distinct penalties - for example, fines. Regarding monetary penalties, state law prescribes the base amount that an individual can pay for an offense. Typically, this amount is based on the severity or classification of a traffic violation.
Maryland’s traffic violation fines can be found in the district court’s Fine or Penalty Deposit Schedule. Some fines assessed for infractions include:
- Failing to obey traffic control signals: $90 to $130
- Displaying expired registration plates: $70
- Driving off-road while passing a vehicle: $110 to $150
- Not using a seat belt for children under eight years: $83
- Failing to comply with license restrictions: $70
- Failing to reduce speed on a curve: $90
For traffic misdemeanors and felonies, the fines prescribed by the law are much higher. For example, a motorist arrested for driving with a revoked license (a misdemeanor) is liable to pay a $1,000 fine. On the other hand, a felony like a hit and run attracts a fine not exceeding $5,000 if the victim suffered a bodily injury. If the accident was fatal, the offender could incur a maximum fine of $10,000.
How to Pay a Traffic Violation Ticket in Maryland
Individuals can receive two kinds of traffic violation tickets in Maryland. The first is a payable offense ticket, which can be settled without an appearance in court; most infraction tickets released in the state will be this type. The second is a must appear ticket, which is usually issued for misdemeanor and felony traffic offenses. In these cases, the offender must appear before a judge to resolve the ticket and accompanying charge.
People whose Maryland traffic violation tickets can be resolved without a court appearance have five ways to pay their tickets: in person, through a payment kiosk, online, via mail, and by phone.
In-person: Offenders can visit a local district court office to pay for their tickets via check or cash.
Payment kiosks: Traffic Citation Payment Kiosks where offenders can pay their fines via credit cards are available at various locations in the state. The Maryland Motor Vehicle Administration manages these kiosks. Once an offender pays their ticket at the kiosk, the agency will receive the payment notification.
Online: The Maryland judiciary provides an online system where interested persons can pay for their tickets remotely. To access the system and pay, an individual must insert their citation number and other required information where indicated and follow the prompts.
Mail: To pay a traffic ticket via mail in Maryland, an individual can send a money order or check of the total fine amount to the mailing address below:
Maryland District Court Traffic Processing System
P.O. Box 6676
Annapolis, MD 21401
Phone: Interested persons can call (800) 492-2656 to pay their fines with a valid credit card.
It is worth noting that once a motorist pays a traffic ticket, such a person automatically pleads guilty to the charge. However, the state permits offenders to offer an explanation with their plea. This allows them to disclose why they committed the offense and request a fine reduction or waiver. If the judge accepts their plea, they may even have their conviction changed to probation.
Traffic Violation Lookup in Maryland
The Maryland district court is responsible for resolving traffic violation cases and tickets in the state. Hence, when attempting to look up a case or ticket, an individual can visit the district court office located in the county where they received a traffic ticket.
Another way to look up such information is through the Maryland Judiciary Case Search. The system provides two main search criteria: name and case number. By inputting either one, it is possible to obtain the defendant’s full name, date of birth, case number, case status, presiding court, filing date, and more.
How to Plead not Guilty to a Traffic Violation in Maryland
Individuals interested in pleading not guilty to a traffic violation ticket in Maryland must request a trial within 30 days of receiving their ticket. This can be done by checking the “Request a trial” box on the ticket, signing and dating ticket, and mailing it to the address below:
District Court Traffic Processing Center
P.O. Box 6676
Annapolis, MD 21401
Once the court receives the request, the individual will receive information on the trial location, time, and date via mail. Although a defendant can stand trial without legal representation, hiring a traffic attorney or getting legal advice about the trial procedures and one’s case is always advisable.
After the trial, the judge may rule in favor of the defendant or not. If the judge gives a favorable verdict, the defendant can forgo the payment of the ticket. If not, the individual must face the consequences of a guilty plea.
What Happens if You Plead No Contest to a Traffic Violation in Maryland
A no-contest plea, also known as “nolo contendere” plea, is used by defendants who do not wish to admit guilt to an offense or contest the penalties assessed by the court. However, because the district court handles traffic violation cases in Maryland, offenders can only enter two types of pleas: a guilty or not guilty plea. There is no option to plead no contest to a traffic violation in Maryland.
How Long Do Traffic Violations Stay on Your Record?
The severity of a traffic violation determines how long it will stay on someone’s driving record in Maryland. Generally, an offense stays on record until officially expunged by the Maryland Motor Vehicle Administration (MVA). The MVA specifies 31-day, 3-year, 5-year, and 10-year periods for removal (see below).
Can Traffic Violations Be Expunged/Sealed in Maryland?
Yes, traffic violations can be expunged in Maryland, but eligibility depends on the type of offense and record (whether a criminal or driving record).
Driving records:
The MVA automatically expunges driving records (including records of moving violations and the corresponding points) after the following waiting periods pass:
- 31 days after the date of the last conviction if the subject has:
- Never been suspended for driver safety reasons. For example, failure to appear for or pay a citation, failure to pay motor fuel, and possession of alcohol by a minor.
- Never been revoked
- No moving violations on their record
- 3 years after the date of the last conviction if the subject has:
- Never been suspended for driver safety reasons
- Never been revoked
- One or more moving violations on record
- 5 years after the date of the last conviction if the subject has:
- Been suspended only once for driver safety reasons.
- Never been revoked
- 10 years after the date of the last conviction, or grant of probation before judgment for a violation of § 20-102 (accident resulting in serious bodily injury) or § 21-902 (DUI) if the subject has:
- Multiple suspensions for driver safety reasons
- Been previously revoked
Since this type of expungement is automatic, individuals do not have to apply for an expungement or pay a fee to the MVA. However, suppose the retention period passes, and a record has not been automatically expunged. In that case, the affected party can contact the MVA at:
MDOT MVA
Administrative Adjudication Division
Expungement Unit
6601 Ritchie Highway NorthEast
Glen Burnie, MD 21062
Email: MVAAADDRATSDOCS@MDOT.STATE.MD.US
MVA Customer Service Call Center: (410) 768-7000
Hearing Impaired/TTY: (301) 729-4563
However, a record holder should note that a record will not be automatically expunged if they are suspended when their record is due for an expungement. In such cases, the expungement will be delayed up to 31 days following the suspension’s withdrawal.
Criminal records:
Traffic offenses that appear on criminal records can be expunged (removed) or shielded (hidden from public review) in Maryland by application to the court. However, the petitioner must meet specific criteria. For example, when seeking an expungement, the petitioner’s charges should have been dismissed, or they should have been found not guilty.
On the other hand, an individual can only shield a criminal traffic record after three years have passed from completing all court sentences (including parole and probation). Still, the conviction itself must be eligible for shielding. Examples of eligible traffic convictions include driving while insured, driving with a suspended/revoked/canceled license, and driving without a license.
More details about the filing, fee, and eligibility requirements of these legal procedures can be found on the judiciary’s Expungement (Adult) and Shielding Criminal Records web pages. The Maryland Judiciary Expungement Guide is also an excellent source of information.
What Happens if You Miss a Court Date for a Traffic Violation in Maryland?
Motorists ticketed in Maryland may need to appear in court to resolve their cases. Generally, it is crucial to keep every court date and give prior notice to the court when attendance may not be feasible. Otherwise, the court can assess additional penalties for failing to appear. These penalties include fines, late fees, and the suspension of driving privileges by the Motor Vehicle Administration. The court can also release a bench warrant for the defaulter’s arrest when the initial offense is a misdemeanor or felony.