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Published on 10/1/2025, 12:16:00 PM

Reckless means wanton or willful disregard for safety, a manner indicating that disregard, or 30 miles per hour or more over the posted limit. Negligent means careless or imprudent driving that endangers others. As of October 1, 2025, reckless can carry up to 60 days in jail and a fine up to 1,000 dollars. Negligent carries a fine up to 750 dollars. Aggressive driving is now two or more specified violations in a continuous drive and has a fine up to 1,000 dollars.

Reckless vs. Negligent Driving in Maryland DUI Cases

DUI stops in Maryland often come with a stack of companion tickets. Two common adds are reckless driving and negligent driving. Knowing the line between them helps shape strategy and outcomes.

Reckless driving basics

Transportation Article section 21-901.1 a defines reckless driving. A person is guilty of reckless driving if they drive:

  • With wanton or willful disregard for the safety of persons or property, or
  • In a manner indicating wanton or willful disregard for the safety of persons or property, or
  • At a speed at least 30 miles per hour over the posted limit

Penalty and points: Up to 60 days in jail and a fine up to 1,000 dollars. Six points when based on 30 miles per hour over. Effective October 1, 2025. For broader context, see our update: New Maryland Law Targets Reckless and Aggressive Drivers.

Negligent driving basics

Transportation Article section 21-901.1 b defines negligent driving as driving in a careless or imprudent manner that endangers property or the life or person of any individual.

Penalty and points: Fine up to 750 dollars and 2 points. Non jailable.

Aggressive driving after the 2025 change

Transportation Article section 21-901.2 now requires two or more qualifying violations during one continuous drive. Examples include:

  • Failure to obey a traffic control device or leaving the roadway to avoid it under section 21-201
  • Traffic lights with a steady indication under section 21-202
  • Improper passing under sections 21-303 and 21-304
  • Left of center passing and no passing zones under sections 21-305 and 21-307
  • Lane usage under section 21-309
  • Following too closely under section 21-310
  • Failure to yield under section 21-403
  • Crosswalk duties under sections 21-502 a 2 and 21-502 c
  • School vehicle stop arm under section 21-706
  • Stop and yield signs under section 21-707
  • Maximum speed limits under section 21-801.1
  • Skidding or spinning wheels and excessive noise under section 21-1117
  • Discharging diesel emissions onto another under section 21-1131
  • Bicycle and scooter passing and collision avoidance under section 21-1209 a
  • Motorcycle passing in the same lane and lane splitting under sections 21-1303 c and 21-1303 d

Penalty: Fine up to 1,000 dollars. Non jailable.

Why these distinctions matter in DUI cases

  • Elements and proof. Reckless requires wanton or willful disregard. Negligent is careless or imprudent. The difference drives motions, cross examination, and trial themes.
  • Leverage. If 30 plus is not proven or the facts do not show wanton or willful disregard, we push for a reduction to negligent or for Probation Before Judgment to avoid points.
  • Stacking. In some stops, the State adds aggressive driving based on two or more violations in the same drive. We challenge the required elements and the proof on each count.

Read our practical guides: Maryland DUI Defense, Field Sobriety Testing, Plea Bargaining in Maryland, and Reckless Driving Lawyer. For pure speed cases, start at Speeding Ticket Lawyer. For license issues, see MVA hearings.

Examples that show charging choices

Situation 1. Mark
A taillight stop leads to a DUI investigation. Mark is charged with DUI, DWI, reckless, and negligent. Officers may add reckless and negligent to create non incarcerable plea options.

Situation 2. Bill
A 102 mph crash leads to DUI, DWI, reckless, and negligent. The facts may support reckless based on speed alone after the 2025 change, and we still test the proof of 30 plus and the reliability of the measurement.

Why the distinction matters to your defense

  • Elements & proof: Reckless requires �wanton or willful� disregard; negligent is �careless or imprudent.� That difference drives our motion practice, cross-examination, and trial themes.
  • Disposition leverage: When the facts don�t meet reckless�or the 30+ mph measurement is weak�we press for a reduction to negligent or for PBJ to avoid points. See our PBJ guide.

Common defense angles we use

  • Stop & observations: Challenge whether the officer actually observed a Transportation Article violation and whether the driving truly showed �wanton or willful� disregard.
  • Speed evidence: Attack radar/LIDAR/pacing: setup, calibration, training, sight lines, and distance. If 30+ isn�t proven, the reckless count wobbles.
  • Charge stacking: Where the facts fit aggressive driving or just negligent, we negotiate to keep the case out of the jail-eligible lane.
  • PBJ strategy: Documentation (treatment, community work, clean history) can support Probation Before Judgment and keep points off your license in eligible cases.

Helpful resources on our site

FAQs

Does reckless driving carry jail time
Yes. As of October 1, 2025, reckless driving can bring up to 60 days in jail and a fine up to 1,000 dollars.

Is 30 miles per hour over automatically reckless
It is a valid basis to charge reckless driving under Transportation Article section 21-901.1, but the State still must prove the speed.

How many violations are needed for aggressive driving now
Two or more qualifying violations in a single continuous drive.

How many points can I receive
Negligent is 2 points. Speeding 30 or more over is 6 points. Reckless based on 30 or more over aligns with 6 points exposure.

How our firm can help

We defend these charges daily. We challenge stops, speed readings, and officer conclusions and we build mitigation to target reduction or PBJ. If your citation stack includes DUI or DWI with reckless or negligent, contact us for a focused plan. Start at our Traffic Defense hub or reach us on the contact page.