In today’s busy world a driving privilege can readily be taken for granted by all of us. We are so busy with our daily lives that traffic incidents with police can be very annoying and cumbersome. But the Maryland courts take point accumulations very seriously, as well as any type of moving violations.
Serious consequences can occur as a result of any moving violation conviction. Steps can and should be taken by anyone who receives a citation prior to court to protect their record and license.
Driving uninsured or suspended, for example, potentially carries with it serious criminal ramifications and potential jail time. There are pre-trial items that could and should be completed prior to trial to protect your driving record.
The following is a breakdown of some types of traffic infractions, tickets and citations and points assessed in Maryland:
- Simple moving violation: 1 point
- Following too closely: 2 points
- Failing to stop for a school vehicle: 3 points
- Speeding in excess of 30 mph: 5 points
- Not having required insurance: 5 points
- Reckless driving: 6 points
- Driving while impaired: 8 points
- Driving after revocation: 12 points
- Failing to stop after accident involving injury or death: 12 points
When it comes to 12-point violations, the thread that weaves through most of them is a “criminal element.” If a “crime” is associated with the traffic infraction, the theory is that a much harsher penalty should apply. Conversely, the 5-point violations are generally not criminal in nature.
It’s very easy to get caught in the trap of thinking that these violations are no big deal, but, in fact, the violations listed above impact more Marylanders than any other laws set down by state lawmakers. They impact us all in one way or another.
If you have been charged, make sure you seek competent representation. Call my law office at 443-709-9999 or send me an email for a free consultation and I’d be happy to help you.
Accumulation of Points for DUI / DWI
MVA assesses points against a driver in Maryland who is convicted of any moving violation, including a drunk or drugged driving crime.
A conviction for any drunk or drugged driving homicide or life-threatening injury results in the imposition of 12 points. A conviction for driving under the influence of alcohol, under the influence of alcohol per se, or while impaired by a controlled dangerous substance carries with it 12 points. (TR, § 16-402)
MVA is required to revoke the license of an individual who accumulates 12 points within a two-year period. (TR, § 16-404) A revocation continues indefinitely until the driver applies for and is approved by MVA for reinstatement. (TR, § 16-208)
A conviction for driving while impaired by alcohol, while impaired by a drug, a combination of drugs, or a combination of one or more drugs and alcohol, or within 12 hours after an arrest for a drunk or drugged driving offense carries with it eight points. (TR, § 16-402) MVA is required to suspend the license of an individual who accumulates eight points within a two-year period. (TR, § 16-404)
A suspension for an accumulation of points is for a specific period that may not exceed one year. (TR, §§ 11-164 and 16-208) MVA possesses broad latitude to modify a suspension or revocation based on the assessment of points. For instance, MVA may modify a suspension and issue a restrictive license that limits the purposes for which the person may drive, e.g., for work or education purposes. (TR, §§ 16-113, 16-404, and 16-405)
Under § 16-404, MVA also is specifically authorized to modify a post-conviction drunk driving license suspension or revocation for purposes of a person’s participation in the Ignition Interlock System Program (IISP). Under IISP, MVA may suspend a driver’s license for the following periods of time:
- for a first conviction, not more than 6 months;
- for a second conviction at least 5 years after the date of the first conviction, not more than 9 months;
- for a second conviction less than 5 years after the date of the first conviction, not more than 12 months; and
- for a fourth or subsequent conviction, not more than 24 months.
Finding a Lawyer for Traffic Tickets in the City of Baltimore
The attorneys at James E. Crawford, Jr. & Associates represent clients charged with criminal traffic crimes throughout Baltimore, Maryland, and the surrounding areas of Baltimore County, Howard County, Anne Arundel County, Carroll County or Harford County, then contact an experienced criminal defense attorney focused on property crimes today.
Call 443-709-9999 today to discuss your traffic ticket in Baltimore, MD, today.