Published on 7/10/2023, 10:34:00 AM
Driving Suspended in Maryland | DWS TA 16-303(c) and 16-303(h)
Maryland treats driving suspended as a criminal traffic offense. This means that a person who is convicted of driving while their license is suspended can face jail time, fines, and points on their license. Driving suspended cases can be confusing, which makes it important to seek the counsel of an experienced lawyer. This article will address some of the most common questions surrounding must appear criminal traffic charges like driving suspended.
How do I know if my license is suspended?
The first and most obvious way to know if your license is suspended is by receiving a license suspension notice by mail.However, if you recently changed addresses or somehow missed the mail, you could remain oblivious of the suspension. Fortunately, the Maryland Motor Vehicle Administration (MVA) provides online services where you can request your driving record:
-
You can fill out an MVA Request for Record (form #DR-057) at any MVA branch office when you present valid identification and pay the required fee, or submit the form and required fee by mail.
Driving on suspended license in maryland
Driving with a suspended license in Maryland is a serious offense, punishable by hefty fines or even jail time. If you're caught, it's crucial that you take immediate steps to protect your rights and mitigate the potential consequences.
These charges can result from a routine traffic stop, or during a police encounter related to motor vehicle accidents. Many drivers are unaware of their suspensions, which can come from an instate agency like the MVA, or an out of state agency like the MVA of another state.
So I was pulled over for driving suspended, what do I do?
Don't panic. Stay calm and remember that driver's license issues can usually be fixed within a matter of days. If questioned about your knowledge of a suspension, politely decline to answer any questions without an attorney present. After the encounter, reach out to a competent defense attorney to discuss your case.
Our firm, FrizWoods, has extensive experience in dealing with such charges. We approach each case with a tailored strategy designed to yield the best possible outcome for our clients. First and foremost, we get to the root of your license suspension and try to remedy that ahead of your Court date.
I missed my Court date, what does that mean?
If you missed your Court date on a criminal traffic offense you might have a warrant. If so - speaking with a lawyer is a crucial first step.
What is a must appear citation in Maryland?
In Maryland all citations that carry the potential for jail along with a few payable offenses can be considered "MUST APPEAR". This means that a person needs to personally appear in Court to answer for the ticket. They cannot prepay the citation or just send a lawyer to handle it for them. Criminal traffic offenses like driving without a license, DUI and driving suspended are all must appear citations.
How do I beat a Maryland Traffic Case?
Winning a Maryland traffic case can be done through a variety of legal strategies. First and foremost, a skilled attorney can always challenge the basis for a stop. Most license violations involve the analysis of traffic records
Types of Driving Suspended Charges in Maryland
Maryland law specifies several types of criminal traffic violations relating to licenses, each with different consequences and remediation processes.
The most common are driving suspended charges that come under sections 16-303(c) and 16-303(h) of the Maryland Transportation Article.
Because the source of the suspension can be complicated, Officers often charge both 16-303(c) and 16-303(h) when dealing with suspended Maryland drivers.
Driving Suspended TA 16-303(c)
Charges under 16-303(c) stem from a license suspension for a Maryland driver. If a person has a license with the MVA and is suspended, then driving would violate this subsection.
What is the maximum penalty for 16-303(c)?
For a first offense, a person can face up to 1 year in jail and/or fine not exceeding $1,000 and 12 points on the person's driving record
For a second or subsequent offense committed within 3 years of the prior conviction a person faces 2 years in jail and/or a fine not exceeding $1,000 and 12 points on the person's driving record
Driving Suspended TA-16-303(h)
In addition to jailable driving suspensions discussed above, Maryland has a special fine only version of driving suspended under 16-303(H). This applies to people who are suspended only for the following reasons:
- Failure to attend driver improvement
- Insurance Lapses
- Failure to Appear in Court
- Failure to Pay Fines
- Failure to Pay Child Support
What is the penalty for 16-303(h)?
The maximum penalty for a violation is a $500 fine and 3 points on a person's license.
TA 16-303(f)
Out of state drivers who are in the State of Maryland also face similar charges. If a person is driving in Maryland with an out of state license that is suspended, then they also face up to 1 year in jail and/or a fine not exceeding $1,000 if they are caught driving.
What if my out of state license is suspended for failure to appear or pay fines?
If your license is suspended for failure to comply with a notice to appear or failure to pay a fine, then you'll only face a $500 fine as a maximum penalty under TA 16-303(i)
How do I fix my license?
Many people charged with driving suspended would like to fix their license so that it doesn't happen again. Unfortunately, there are countless different reasons for a license suspension. Fixing a driver's license requires a tailored approach. Two important first steps are to contact the MVA and to contact a lawyer.
Driving While Revoked in Maryland TA 16-303(d).
If a person neglects their license issues for long enough, they may become revoked. This often happens as a result of multiple dui offenses or accumulation of points from traffic violations.
If a person drives a vehicle while revoked, they face the following penalties:
-
For a first offense, a person can face up to 1 year in jail and/or fine not exceeding $1,000 and 12 points on the person's driving record
-
For a second or subsequent offense committed within 3 years of the prior conviction a person faces 2 years in jail and/or a fine not exceeding $1,000 and 12 points on the person's driving record
How do I reinstate a revoked license?
The process for reinstating a revoked license is complex and depends heavily on the specifics of your case. It typically involves fulfilling all conditions of your revocation and waiting for the revocation period to end. The length of the waiting period can depend on how many prior revocations you've had.
- For a fist revocation, a person must wait 6 months before reapplying.
- For a second revocation, a person must wait 1 year before reapplying.
- For a third revocation, a person must wait 1 year and six months before reapplying.
- For a fourth or more, a person must wait two years before reapplying.
Our attorneys at FrizWoods can provide expert advice on navigating this challenging process.
I'm feeling lost, what do I do?
Don't let a suspended or revoked license leave you feeling helpless. Check our clients' testimonials on our reviews page to see how we've helped others in similar situations. Reach out to us today and let us help you regain your freedom to drive.
Frequently asked Questions about Maryland License Suspensions
. What is the penalty for driving on a suspended license in Maryland?
The penalties for driving with a suspended license in Maryland can vary depending on the circumstances, but they often involve substantial fines and potential jail time. Under some sections of the law, you could face up to a year in jail and/or a $1,000 fine for a first offense.
- How long will my license be suspended?
The length of a license suspension in Maryland can depend on several factors, including the reason for the suspension and your driving history. Some suspensions may be as short as a few days, while others could last for years. It's crucial to work with a knowledgeable attorney who can advise you based on your specific circumstances.
- Can I get a provisional license during my suspension period?
In some cases, the MVA may grant a restricted or provisional license that allows for limited driving, such as commuting to work or school, during a suspension period. However, this is not guaranteed and often requires a persuasive argument at a hearing after a timely request.
- How can a lawyer help me with my suspended license?
A lawyer can be incredibly helpful in dealing with a license suspension. They can guide you through the process of appealing the suspension, represent you at MVA hearings, negotiate for lesser charges or penalties, and advise you on the best course of action for getting your license reinstated.
- Can I appeal a license suspension?
If the MVA is seeking a license suspension then you will usually receive notice and an opportunity for a hearing. This typically involves requesting a hearing with the MVA and presenting your case. A lawyer can represent you at these hearings and significantly increase your chances of a successful appeal.
