Serious Traffic Charges in Maryland
Defense of Serious and Jailable Traffic Offenses
Serious traffic charges in Maryland can involve much more than a payable citation. Some traffic offenses carry the possibility of incarceration, significant fines, points, license suspension or revocation, and consequences that can affect employment or a person's ability to drive.
Cases may involve allegations of driving while suspended or revoked, fleeing or attempting to elude police, leaving the scene of an accident, reckless or negligent driving, driving without the required license, or other serious traffic offenses. The particular charge determines what the State must prove and the potential consequences of a conviction.
A traffic case may also raise constitutional issues. The defense should examine why the vehicle was stopped, whether police had a lawful basis for any continued detention, whether the driver or passengers were unlawfully seized, and whether any search of the vehicle, occupants, or containers was legally justified.
Body-worn camera footage, dash-camera video, dispatch records, citations, motor vehicle records, witness statements, accident evidence, and other available evidence may be important in determining what actually occurred and whether the State can prove the charge.
Challenging Serious Traffic Charges in Maryland
The defense of a serious traffic charge depends on the specific offense and the evidence supporting it. A charge of driving while suspended raises different issues from fleeing and eluding, leaving the scene of an accident, reckless driving, or another serious traffic offense.
The defense may examine whether the State can identify the defendant as the driver, whether the defendant had the knowledge required by the particular offense, what police or civilian witnesses actually observed, and whether video, dispatch records, motor vehicle records, or other evidence supports the allegation.
When the case begins with a police stop, the legality of the stop and everything that followed should also be examined. A traffic violation may justify an initial stop, but it does not necessarily authorize an unrelated or prolonged investigation, search of the vehicle, or seizure of its occupants.
The defense should therefore analyze both the elements of the traffic offense and the constitutional basis for the police encounter. Evidence obtained through an unlawful detention, search, seizure, or interrogation may be subject to challenge before trial.
A traffic stop may begin with an allegation of speeding, an equipment violation, suspended registration, a seat-belt violation, or another traffic offense and then develop into a broader criminal investigation. Police may begin asking about drugs, firearms, alcohol, the contents of a vehicle, or the belongings of its occupants.
The existence of a lawful reason for the original traffic stop does not automatically authorize an unlimited investigation. The defense should examine whether the officer's actions remained reasonably related to the purpose of the stop, whether the detention was unlawfully prolonged, and whether there was an independent legal basis for additional investigation or detention.
Searches present separate questions. Depending on the circumstances, the defense may examine alleged consent, probable cause, a K-9 investigation, the search of a vehicle or container, a search incident to arrest, or another asserted justification for the search. The legality of the seizure of the driver and passengers may also matter.
When a traffic encounter produces drugs, a firearm, statements, or other evidence supporting a separate criminal charge, constitutional challenges to the stop, detention, search, seizure, or interrogation may affect whether that evidence can be used in court.
When a Traffic Stop Becomes a Criminal Investigation
Drivers cited for traffic violations often need to understand how the Maryland point system works and what options exist before paying the ticket or appearing in court.
Common Questions About Traffic Violations in Maryland
Maryland traffic citations are not all treated the same. Some are payable citations that allow a driver to plead guilty and pay a preset fine without appearing in court. Paying the citation is a guilty disposition and may result in points being assessed by the MVA.
Other traffic offenses are designated “must appear.” These charges require a court appearance and may carry more serious consequences, including possible incarceration. DUI and certain suspended-license offenses are examples of charges that may require an appearance.
Before simply paying any traffic citation, it is important to determine whether the charge is payable, what points or other consequences may follow, and whether other citations arising from the same incident affect the case.
What is the difference between a payable traffic ticket and a “must appear” charge in Maryland?
Yes. Although many Maryland traffic violations are handled by citation, certain traffic offenses can result in arrest. Maryland law specifically permits arrest under particular circumstances and for certain offenses, including some suspended or revoked license violations, fleeing or attempting to elude police, and leaving the scene of certain accidents.
An arrest does not establish that the underlying traffic charge is proven. The defense should examine the elements of the alleged offense, the basis for the arrest, and the evidence surrounding the traffic encounter.
Can I be arrested for a traffic offense in Maryland?
Possibly. A probation before judgment (PBJ) allows the court to withhold the entry of a conviction after a guilty plea or finding of guilt. For many Maryland traffic offenses, a PBJ can prevent points from being assessed on the driver's record.
But obtaining a PBJ should not automatically be the first objective. An attorney should first determine whether the State can prove the charge, whether the citation can be dismissed or reduced, and whether the traffic stop or other police conduct presents a legal challenge. If a PBJ is the appropriate resolution, counsel can present the circumstances and mitigation supporting that request.
PBJ also does not eliminate every possible conseq
Can a lawyer help me avoid points or obtain a PBJ in a Maryland traffic case?
Driving on a suspended license can be a serious traffic charge in Maryland, but the consequences depend on why the license was suspended and the particular subsection charged. Some violations carry possible incarceration, fines, and points, while other suspension-related charges carry different penalties.
The defense should first determine the reason for the suspension, whether the defendant had legally sufficient notice or knowledge of the suspension where required, and whether the MVA record supports the charge actually filed. The circumstances of the traffic stop and the State's ability to identify the defendant as the driver should also be examined.
In some cases, addressing the underlying license problem before court can also be important to the ultimate resolution of the traffic case.
What happens if my license is suspended while I am still driving in Maryland?
Maryland law distinguishes driving under the influence (DUI) from driving while impaired (DWI). DUI is the more serious alcohol-related driving offense and includes driving under the influence of alcohol or under the influence per se. DWI generally refers to driving while impaired by alcohol. Maryland law also separately addresses driving while impaired by drugs or controlled dangerous substances.
The distinction matters because the offenses carry different potential penalties, points, and licensing consequences. DUI and DWI cases may also involve separate issues concerning the legality of the traffic stop, field sobriety testing, breath or blood testing, probable cause for arrest, and MVA consequences.
What is the difference between a DUI and a DWI in Maryland?
This office represents drivers across Anne Arundel County and surrounding areas in traffic cases, and each case is evaluated based on the evidence, the client's record, and the potential consequences. Reach out to discuss your citation and the available defenses.