Minor Traffic Violations
There are two categories of traffic violations. Minor violations are those offenses that are not subject to jail sentences. A speeding ticket is an example of a minor offense. When you have been charged with a minor violation, then you have two options: you may choose to either pay the fine that has been indicated on the ticket or contest the ticket by going to court.
Major Traffic Violations
The second category of traffic violations are known as "major offenses" or incarcerable motor vehicle offenses. If you are convicted of a major offense, then you may be subject to a jail sentence. Driving While Intoxicated is one example of an incarcerable offense. If you are charged with an offense of that nature, then you must appear in court. Unlike minor offenses, you do not have a choice of paying a fine or going to court. If you have been charged with a major offense, you will receive a summons in the mail that will include the date, time and location of the trial.
If the date you are to appear in court would cause you an unreasonable hardship (illness, hospitalization, etc.), you may write to the court and ask for another date for good cause shown. However, make that request prior to the court date and be certain that it is granted before you fail to appear. This applies to either major or minor traffic violations. If you fail to appear on a major traffic violation, the judge may issue a warrant for your arrest.
Is A Lawyer Necessary?
If you decide to hire a lawyer, you should do so before the date of trial. Everyone who has been charged with an offense subject to a jail term has the right to be represented by an attorney. An attorney can assist and prepare a defense; will know what evidence is legally admissible, what should be objected to during the trial and the different elements to a finding of guilty; assist in presenting mitigating circumstances if you enter a plea of guilty; and will know of alternative dispositions to jail or maximum penalties.
Summary of Maryland Point Values for Convictions
1 Point
Any moving violation not listed below and not contributing to an accident.
2 Points
Speeding in excess of the posted speed limit by 10 miles an hour or
more.
Following another vehicle to closely.
Failure to stop for school vehicle with alternately flashing lights.
Drop/throw/place trash/injurious substances on highway.
Driving with an improper class of license.
3 Points
Any moving violation contributing to an accident.
Driving after suspension
for insurance termination, non-compliance with traffic citation or failure
to pay fine.
Non?compliance with federal citation.
Transportation of
Hazardous Materials.
4 Points
Reckless Driving.
5 Points
Speeding in
excess of the posted speed limit by 30 miles an hour or more.
Driving
while not licensed
Permitting unauthorized minor or other unauthorized
person to drive.
Failure to report an accident.
Driving on a learner's
permit unaccompanied.
Participating in a race or speed contest on the
highways.
Operating an uninsured motor vehicle.
Operate motor vehicle
with power booster or without required decal.
8 Points
Driving while
under the influence of alcohol or drugs or combination of alcohol and
drugs.
Turning off lights of a vehicle to avoid.
Failing to stop after
accident resulting in damage to attended vehicle or property.
Failing
to stop after accident resulting in damage to unattended vehicle or
property.
12 Points
Failing to stop after an accident resulting in bodily
injury or death.
Driving after refusal, suspension, cancellation, or
revocation of license.
Fraud in application for driver's license or
misuse of license to drive.
Homicide or assault committed by means of
a vehicle.
Homicide by motor vehicle while intoxicated.
Driving while
intoxicated or while under the influence of illegally used controlled
dangerous substance.
Any felony involving use of a vehicle.
Fleeing
or attempting to elude a police officer.
Display, cause or permit to
be displayed, or have in his possession any cancelled, revoked, suspended,
fictitious or altered license.
Display or represent as his own, the
license of another.
Failure or refusal to surrender cancelled, revoked
or suspended license .
Lending or borrowing a license.
The making of
a false affidavit or statement under oath, to the administration under
the Maryland Vehicle Law.
The Motor Vehicle Administration is governed
by the following rules:
1. Whenever conviction occurs on multiple charges
based on offenses alleged to have been committed at the same time, or
arising out of circumstances simultaneous in time and place, points
shall be assessed against the person convicted only on the charge which
has the highest point assessment and may not assess points to the remainder
of the multiple charges.
2. A forfeiture of collateral shall be considered
as a conviction.
3. The administrator shall send a WARNING LETTER to
each licensee charged with 3 POINTS. He shall call in the licensee for
a CONFERENCE for 5 POINTS. The license shall be SUSPENDED for 8 POINTS.
The license shall be REVOKED for 12 POINTS.
4. Initial suspensions shall
not be less than 2 days or more than 30 days.
5. Subsequent suspension
shall be for not less than 15 days and not more than 90 days.
6. Points
assessed shall be retained for two years from Violation Date. The Point
System is an addition to any other provisions of the Maryland Vehicle
Laws.
7. The MVA may expunge your driving record if certain conditions
apply. For information write to Driver Records Section MVA.
