What Are Traffic Violations And Infractions In Maryland?

The Maryland Judicial Code contains specific rules that govern civil behavior among road users, including pedestrians and motorists. Individuals who behave otherwise commit traffic violations or infractions. Traffic violations in Maryland are severe traffic crimes that carry serious penalties. On the other hand, traffic infractions are less serious traffic offenses but should not be taken lightly. Depending on the severity, offenders found guilty of traffic violations or infractions may attract penalties ranging from sanctions and fines to jail time. The Maryland Motor Vehicle Administration (MVA) is the government agency saddled with keeping and disseminating records of traffic violations or infractions.

What Are Felony Traffic Violations In Maryland?

Felony traffic violations are serious driving offenses and tend to cause financial or physical damage to a victim compared to traffic misdemeanors. Under the Maryland Vehicle Code, traffic felonies carry heavy penalties ranging from hefty fines to jail time. The penalties depend on the circumstances surrounding the traffic felony and offender status of the individual. For instance, Maryland has a four-strike rule that imposes life sentences on offenders who have served three separate jail terms for violent felonies.

As per Md. Criminal Law Code Ann. § 2–506, a traffic violation such as DUI, becomes a felony if it results in life loss. A DUI charge carries a penalty of up to 10 years or a fine of up to $10,000. Generally, Maryland does not classify felony traffic offenses. Instead of this, courts assign penalties for traffic felonies on a crime-by-crime basis and other aggravating factors.

Examples of Felony Traffic Violations in Maryland include:

The Maryland Vehicle Code and the Criminal Code designate felony status to traffic violations in the state. The following are examples of traffic violations considered felonies:

• Vehicular homicide
• Vehicular homicide while driving without a license or suspended license
• Vehicular homicide while impaired by a controlled substance
• Carjacking
• Unlawful application or use of license or permit
• Violations mentioned above with a prior traffic felony conviction.

What are Traffic Misdemeanors in Maryland?

In Maryland, traffic violations deemed misdemeanors are less severe than traffic felony but more severe than traffic infractions. The Maryland Vehicle Code and Criminal Code define the nature of traffic misdemeanor offenses and applicable penalties. The punishment for traffic misdemeanors is on a crime-by-crime basis and at the judge’s evaluation. For example, MD Criminal Law Code § 3–211 mandates that DUI offenders who commit life-threatening injury by motor vehicle be sentenced to jail time of up to three years or a fine up to $5,000. Other misdemeanors carry varying or longer jail time.

Examples of Traffic Misdemeanors in Maryland include:

Per the Maryland Vehicle Code, here are some examples of traffic misdemeanors in the state:

• Driving under the influence of a controlled substance or alcohol
• Life-threatening injury while DUI
• Willfully and maliciously striking a railroad vehicle.
• Blocking entry or exit to a funeral procession

What Constitutes a Traffic Infraction in Maryland?

Generally, traffic infractions are offenses that violate road regulations and municipal ordinances. These types of violations are not punishable by a jail term. Instead, law enforcement and authorized officials of the MVA issue citations, also known as tickets. These tickets state the fine and infraction points awards against the offender’s license based on a point schedule. Nevertheless, infractions are serious because committing several infractions and accumulating multiple tickets can lead to unpleasant penalties.

Getting a Maryland ticket often means paying a fine, although the individual may also have to appear in court. For the former, paying a fine is tantamount to admitting wrongdoing. However, the offender may choose to contest the ticket in court if it is possible to prove reasonable cause. It is possible for individuals who cannot pay the full fine to petition the court to set up a payment plan. Bear in mind that this varies from county to county.

Examples of Traffic Infractions in Maryland include:

Maryland District Courts maintain a compendium of traffic infractions as well as associated fines and points. Some of these include:

• Parking unregistered motor vehicle
• Failure to affix registration plates at front and rear
• Not yielding to intersection right-of-way after a green traffic signal
• Failure to exercise precaution upon seeing a child, confused or incapacitated pedestrian
• Violating speed restrictions
• Parking within 15 feet of a fire hydrant
• Driving with defective equipment
• Unlawful transportation of hazardous material

How Does a Traffic Ticket Work In Maryland?

When a driver or pedestrian violates traffic rules or behaves in an uncivil manner on the road, Subtitle 2 - Citation and Arrest of the Vehicle Code empowers a peace officer to issue traffic tickets. Peace officers may give a ticket depending on whether the violation is a moving or non-moving violation.

A driver commits a moving violation if the vehicle is in motion at the time of the offense. A typical penalty is the issuance of a speeding ticket for driving above or below the speed limit. The driver commits a non-moving violation if the offender or the vehicle is not in motion. A common consequence is the issuance of a parking ticket. Depending on the nature of the moving or non-moving violation, the Motor Vehicle Administration awards penalty points against the individual’s license. If the driver accumulates too many points in a short period, the MVA issues a warning or suspends the license for a revocation period.

For example, in Worcester County, exceeding the speed limit by 1–9 mph attracts a fine of $530 and one (1) penalty point. Accruing eight (8) points in Maryland results in the suspension of the driver’s license. On the other hand, accruing more than twelve (12) points result in the revocation of the driver’s license.

How to Get a Traffic Ticket Dismissed In Maryland

Getting a traffic ticket dismissed in Maryland is typically complex, but it is usually possible with an attorney’s aid. The court only dismisses a traffic ticket if the driver is found not guilty at their hearing. To get started, the offender must respond to the ticket and initiate a contestation before the ticket’s due date.

Are Driving Records Public In Maryland?

Yes, the Maryland Public Information Act permits individuals who demonstrate legitimate interest and provide the requirements to obtain driving records. The Motor Vehicle Administration (MVA) is the natural custodian of driving records. The record details the traffic offenses, reported accidents, license suspensions, revocations, and convictions of an individual named. However, under the Driver Privacy Protection Act, the MVA will redact sensitive or private information like social security numbers, medical evaluation records, and credit card information when issuing the record to requesters. Generally, the following requesters may access driving records from the MVA:

• Individual named on the record.
• Requesters armed with a letter of authorization signed by the driver
• Requesters armed with a court order or subpoena
• Public or Private Employers & Businesses

Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that the person resides in or was accused in.

Third-party sites are independent of government sources, and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.

How To Find Driving Records In Maryland?

The Motor Vehicle Administration maintains and disseminates certified copies of driving records in Maryland. The eligible requester must complete and submit a signed driving record request form and the requirements and fees. Requesters may obtain driving records in person, by mail, or online.

• In-person & mail requests: The eligible requester must complete the request form and visit the nearest MVA office with the applicable fee of $12 per certified copy and $9.00 per plain copy. For mail requests, complete the request form, attach a government-issued photo ID, and money order or certified check for the applicable fee. Enclose these in a self-addressed stamped envelope and send to:

Motor Vehicle Administration

Driver Records Unit, Room 145

6601 Ritchie Highway

Glen Burnie, MD 21062

• Online requests: The MVA allows requesters to obtain driving records on this webpage. The service accepts credit and debit cards as well as electronic checks.

Can Traffic Violations And Infractions Be Expunged/Sealed In Maryland?

It depends. Maryland courts generally deny requests to seal or expunge traffic felonies and misdemeanors once a conviction has happened. However, the presiding judge will consider a request to seal or expunge if the petitioner was acquitted or had charges dismissed. The chances of getting a violation sealed improve with an experienced lawyer, but it is not a guarantee. Individuals can also apply by themselves, although the process can be challenging.

On the other hand, Maryland’s penalty points remain on a driver’s license for two (2) years. A driver may apply for point reduction by completing a certified driver improvement course and fulfilling other requirements.