Monday, May 16, 2011

How to Read a Maryland MVA Driving Record

Click here to find information on How to Read a Maryland MVA Driving Record.

If you have a trial date for a Traffic Violation in Maryland, contact a Maryland Traffic Ticket Attorney.

We are available 24/7 to answer all of your MVA driving questions and represent you in Court.

6914 Holabird Avenue, Suite A
Baltimore, Maryland 21222
410-288-2900

What are Maryland MVA Points?

What are Maryland MVA Points?
Points - After the conviction of an individual for a violation of the vehicle law, points are assessed against the individual as of the date of violation.  The individual’s eligibility for expungement may be determine from the date of conviction

Maryland MVA Expungement Form

Click here to find the form to file for an expungement of your Maryland MVA driving Record.

Law Offices of G. Randolph Rice, Jr., LLC
6914 Holabird Avenue, Suite A
Baltimore, Maryland 21222
410-288-2900 for Immediate Help

Maryland's Most Common Traffic Violations

Below find the most common traffic citations in Maryland:
If you have been charged with a traffic violation in Maryland, you need a Maryland Traffic Ticket Attorney.  Contact our office at 410-288-2900 for immediate help.

TA = “Transportation Article” of the Maryland Vehicle Laws

TA 21-801.1: Exceed Max Speed
TA 13-401 (b) Operating Unregistered Motor Vehicle
TA 13-410 (h) Driving with Suspended Registration
TA 13-409 (b) Fail to Display Registration Card on Demand
TA 13-411 (d) Driving without Current Tags
TA 13-411 (g) Display Registration Plate Issued to Another
TA 13-703 (g) Unauthorized Display and Use of Registration Plate
TA 16-101 (a) Driving Without a License
TA 16-112 (c) Fail to Display License on Demand
TA 16-113 (h) Violating License Restriction
TA 16-115 (f) Driving With an Expired License
TA 16-116 (a) Failure to Notify Administration Address Change
TA 16-303 (c) Driving on Suspended License and Privilege
TA 16-303 (d) Driving on Revoked License and Privilege
TA 16-303 (f) Driving on Suspended Out of State License
TA 16-303 (h) Driving While License Suspended Under (17-106, 26-204, 26-206, 27-103)
TA 17-107       Driving Uninsured Vehicle
TA 21-201 (a)(1) Failure to Obey Traffic Device
TA 21-202 (h)(1) Fail to Stop at Steady Circular Red Signal
TA 21-202 (i)(1) Fail to Stop at Red Signal Before Right Turn
TA 21-301 (a) Failure to Drive Right of Center
TA 21-304 (c) Driving Off Road While Passing Vehicle
TA 21-308 (a) Driving Wrong Direction on One Way Road
TA 21-309 (b) Unsafe Lane Change
TA 21-310 (a) Following Vehicle too Closely
TA 21-402 (a) Fail to Yield to Oncoming Traffic on Left Turn
TA 21-707 (a) Failure to Stop at Stop Sign
TA 21-801 (a) Speed Greater Than Reasonable
TA 21-801 (b) Failure to Control Speed to Avoid Collision
TA 21-901.1 (a) Reckless Driving
TA 21-901.1 (b) Negligent Driving
TA 21-901.2 Aggressive Driving by Committing, at the same time or during a single continuous period, 3 or more of the following violations (21-202 Traffic lights with steady indication, 21-203 Overtaking and passing vehicles, 21-304 Passing on Right, 21-309 Driving on landed roadways, 21-310 Following too closely, 21-403 Failure to yield right-of-way, or 21-801.1 Exceeding a maximum speed limit or posted maximum speed limit)
TA 21-902 (a)(1) Driving Under Influence of Alcohol
TA 21-902 (a)(2) Driving Under Influence of Alcohol Per Se
TA 21-902 (b)(1) Driving While Impaired by Alcohol
TA 21-902 (c)(1) Driving While Impaired by Drug(s) or Drug(s) and Alcohol
TA 21-902 (d)(1) Driving While Impaired by Controlled Dangerous Substance
TA 21-1117 (c) Drive Spinning Wheels
TA 22-412.2 (d) Failing to Secure child under 8 in child safety seat when transporting in motor vehicle
TA 22-412.3 (b) Operator, Occupant under 16  not restrained by seat belt or child safety seat
TA 22-412.3 (c) Passenger age 16 or more in outboard front seat of motor vehicle without seat belt restraint

Monday, May 9, 2011

Review of 2010 Maryland MVA Legislation

DRIVER'S LICENSING BILLS

HB 93 – Motor Vehicle Administration - Identification Cards and Drivers' Licenses -  This departmental bill allows the MVA to increase the validity period of an ID card for 65 year-olds or older from five years to eight years. The bill also authorizes the waiver of a vision examination for an applicant who is applying for a corrected driver’s license and has passed an acceptable vision exam within the last year. Lastly, HB 93 removes an employer information question from the application for a driver’s license.
Effective: October 1, 2010
SB 321 - The Delegate John Arnick Electronic Communications Traffic Safety Act of 2010 - This bill prohibits fully licensed drivers from using their hands to access a cell phone other than to initiate or terminate a phone call at any time while their vehicle is in motion; the use of hands free technology is still permitted.  School bus drivers, provisional license holders, and learner’s permit holders are prohibited from using their hands to access a cell phone at any time, even to initiate and terminate a phone call.  These prohibitions do not apply to the emergency use of a handheld telephone, including calls to a 9-1-1 system. It is a secondary offense subject to a fine of $40 for a first offense, and $100 for a second or subsequent offense.
Effective: October 1, 2010
HB 934 -Vehicle Laws - Commercial Vehicles - Handheld Telephones Utilizing Push-to-Talk Technology - This bill allows a person driving a commercial vehicle to use handheld push-to-talk technology.
Effective: October 1, 2010
SB 624 - Vehicle Laws - Bicycles and Motor Scooters - Rules of the Road - The new law allows a person to ride from the sidewalk curb or edge of the roadway in or through a crosswalk to the opposite curb or edge. If there is no bike lane paved to a smooth surface, a person operating a bicycle or motor scooter may use the roadway or shoulder.
Effective: October 1, 2010
SB 51 - Vehicle Laws – Bicycles, EPAMDs, and Motor Scooters – Rules of the Road - This bill requires a driver to give a buffer of at least three feet when overtaking a bicycle, segway, or a motor scooter. It also requires a driver to yield the right-of-way to a person who is lawfully riding a bicycle, segway, or a motor scooter in a designated bicycle lane or shoulder if the vehicle driver is about to enter or cross the designated bicycle lane or shoulder.
Effective: October 1, 2010
Penalty Bills
HB 499 - Motor Vehicles - Approaching Emergency Vehicles and Personnel - The bill requires a driver to change lanes away from an emergency vehicle if the driver is approaching it from the rear. The emergency vehicle must be using its visual signals and must be parked or stopped. If the lane change is not possible, the driver must reduce speed to a reasonable and prudent speed that ensures the safety of emergency services personnel. A violation of this provision is a misdemeanor subject to a maximum fine of $500.
Effective: October 1, 2010
SB 189 - Victims' Rights - Fatal Vehicular Accident - Suspension of License - This bill allows the MVA to suspend up to six month the license of a driver convicted of a moving violation that contributed to a traffic fatality. It authorizes the victim's representative to be notified of a license suspension hearing held as a result of the moving violation, and the right to give an oral or written statement at the hearing.
Effective: October 1, 2010
SB 560 – Vehicle Laws - Traffic Citations - Option to Request Trial - This bill alters how a person answers a traffic citation for a non-incarcerable offense. It requires the citation to contain a notice that a person must, within 30 days after receipt of the citation, either pay the full amount of the preset fine or make a request for a trial or hearing.  The citation is also a notice that failure to take one of the above-mentioned actions as required means that the Motor Vehicle Administration (MVA) will be notified to suspend the person's driver's license.
Effective: October 1, 2010
HB 1025 - Baltimore City - Sale of Motor Fuel for Dirt Bikes - Prohibition - This bill prohibits a person from dispensing motor fuel into a dirt bike from a service station fuel pump in Baltimore City and requires these service stations to post a sign stating the bill's prohibition. A court that convicts a person must notify MVA of the conviction, which may suspend the person’s driver's license.
Effective: October 1, 2010
Vehicle Laws
HB 469 – Motor Vehicle Excise Tax-Tax Credit for Electric Vehicles - The bill creates a tax exemption up to $2000 for qualified plug-in electric vehicles. The credit is limited to one vehicle per individual and 10 vehicles per business entity. The credit is available for qualified vehicles titled on or after October 1, 2010, and sunsets June 30, 2013.
Effective: October 1, 2010
HB 825 - Vehicle Laws - Required Security - Minimum Amounts - It raises the minimum liability amounts of auto insurance for claims of bodily injury or death arising from a motor vehicle accident from $20,000 to $30,000 for one person and from $40,000 to $60,000 for two or more persons.
Effective: January 1, 2011
HB 1199 - Motor Vehicles - Salvage - Standards and Requirements - This bill requires all vehicles that are acquired by an insurance company as a result of a total loss claim settlement to be branded as salvage regardless of the percentage damage to the vehicle (with the sole exception being recovered stolen vehicles with less than 75% damage).  The bill also requires the Motor Vehicle Administration in conjunction with the Maryland State Police and other interested parties to write regulations exclude certain cosmetic damage to the vehicle from the 75% damage threshold.
Effective: October 1, 2010
SB 67 - Vehicle Laws - Issuance of Temporary Registration Plates by Dealers - Transmission of Information and Record Keeping - This bill requires car dealers to transmit vehicle and registration information electronically to the MVA on the same day that they issue a 60-day temporary registration and to keep temporary registration plate records for three years instead of permanently.
Effective: October 1, 2010
SB 85 - Vehicle Laws - Electronic Transmission of Title Information by Dealers - This departmental bill changes the law to allow the MVA to accept the electronic submission of paperwork by auto dealers the same as it does the hardcopy versions. The paperwork pertains to the completed applications for certificated of titles that auto dealers submit to the MVA on monthly basis.
Effective: October 1, 2010
SB 466 - Vehicle Laws - Off-Highway Recreational Vehicles - Titling - This emergency bill creates a definition for an Off-Highway Recreational Vehicles (OHRV), commonly known as an ATV or snowmobile, and requires them to be titled. Therefore, an excise tax is imposed on OHRVs that are purchased on or after October 1, 2010. The tax is calculated by using the fair market value or $320, whichever is greater. The application for the certificate of title must transmitted electronically, so the bill only applies to OHRVs purchased at dealerships and title service agents that are electronically linked with the MVA.
Emergency Bill
Miscellaneous Bills
HB 674 – High Occupancy Vehicle (HOV) lanes – use by Plug-in Vehicles - This bill allows plug-in vehicles to travel on High Occupancy Vehicle (HOV) lanes, regardless of the number of occupants in the vehicle. It allows the MVA to charge a fee up to $20 for issuing HOV-lane permits to plug-in vehicle owners. The Maryland State Highway Administration may limit the number of permits issued to ensure that HOV lanes are not degraded by overuse. The proposal terminates on September 30, 2013.
Effective: October 1, 2010
SB 344 - Motor Vehicles - Limited Speed Vehicles - Requirements and Prohibitions - This bill limits vehicles with the maximum speed capability of between 25 and 55 mph to be driven on highways where the speed limit is at least five miles per hour less than the vehicle’s maximum speed.  An auto dealer must inform the buyer of the limitations and must be sold with an emblem designating it as a "limited speed vehicle."
Effective: October 1, 2010

Driving While Privilege is Cancelled, Suspended, or Revoked in Maryland

§ 16-303. Driving while privilege is canceled, suspended, refused, or revoked.
Maryland Suspend/Revoked/
Cancelled License Defense
Attorney
410-288-2900

16-303 A)   Refused licenses.- A person may not drive a motor vehicle on any highway or on any property specified in § 21-101.1 of this article while the person's license or privilege to drive is refused in this State or any other state.
Penalties for Violation:
For a first offense, a fine of not more than $1,000, or imprisonment for not more than 1 year, or both; and
For any subsequent offense, a fine of not more than $1,000, or imprisonment for not more than 2 years, or both

If you have been arrested or charged with driving suspended, revoked, or cancelled in Maryland, contact my office at 410-288-2900 for immediate help and to speak with a driving suspended, revoked, cancelled attorney.  Law Offices of G. Randolph Rice, Jr., LLC, 410-288-2900 or email us.


16-303 B) Canceled licenses.- A person may not drive a motor vehicle on any highway or on any property specified in § 21-101.1 of this article while the person's license or privilege to drive is canceled in this State.
Penalties for Violation:
For a first offense, a fine of not more than $1,000, or imprisonment for not more than 1 year, or both; and
For any subsequent offense, a fine of not more than $1,000, or imprisonment for not more than 2 years, or both

If you have been arrested or charged with driving suspended, revoked, or cancelled in Maryland, contact my office at 410-288-2900 for immediate help and to speak with a driving suspended, revoked, cancelled attorney.  Law Offices of G. Randolph Rice, Jr., LLC, 410-288-2900 or email us.


16-303 C) Suspended licenses generally.- A person may not drive a motor vehicle on any highway or on any property specified in § 21-101.1 of this article while the person's license or privilege to drive is suspended in this State.
Penalties for Violation:
For a first offense, a fine of not more than $1,000, or imprisonment for not more than 1 year, or both; and
For any subsequent offense, a fine of not more than $1,000, or imprisonment for not more than 2 years, or both


16-303 D) Revoked licenses.- A person may not drive a motor vehicle on any highway or on any property specified in § 21-101.1 of this article while the person's license or privilege to drive is revoked in this State.
Penalties for Violation:
For a first offense, a fine of not more than $1,000, or imprisonment for not more than 1 year, or both; and
For any subsequent offense, a fine of not more than $1,000, or imprisonment for not more than 2 years, or both

If you have been arrested or charged with driving suspended, revoked, or cancelled in Maryland, contact my office at 410-288-2900 for immediate help and to speak with a driving suspended, revoked, cancelled attorney.  Law Offices of G. Randolph Rice, Jr., LLC, 410-288-2900 or email us.


16-303 E) Licenses canceled by other states.- A person may not drive a motor vehicle on any highway or on any property specified in § 21-101.1 of this article while the person's license issued by any other state is canceled.
Penalties for Violation:
For a first offense, a fine of not more than $1,000, or imprisonment for not more than 1 year, or both; and
For any subsequent offense, a fine of not more than $1,000, or imprisonment for not more than 2 years, or both


16-303 F) Licenses suspended by other states.- A person may not drive a motor vehicle on any highway or on any property specified in § 21-101.1 of this article while the person's license issued by any other state is suspended.
Penalties for Violation:
For a first offense, a fine of not more than $1,000, or imprisonment for not more than 1 year, or both; and
For any subsequent offense, a fine of not more than $1,000, or imprisonment for not more than 2 years, or both


If you have been arrested or charged with driving suspended, revoked, or cancelled in Maryland, contact my office at 410-288-2900 for immediate help and to speak with a driving suspended, revoked, cancelled attorney.  Law Offices of G. Randolph Rice, Jr., LLC, 410-288-2900 or email us.

16-303 G) Licenses revoked by other states.- A person may not drive a motor vehicle on any highway or on any property specified in § 21-101.1 of this article while the person's license issued by any other state is revoked.
Penalties for Violation:
For a first offense, a fine of not more than $1,000, or imprisonment for not more than 1 year, or both; and
For any subsequent offense, a fine of not more than $1,000, or imprisonment for not more than 2 years, or both


16-303 H) Licenses suspended under certain provisions of article.- A person may not drive a motor vehicle on any highway or on any property specified in § 21-101.1 of this article while the person's license or privilege to drive is suspended under § 17-106, § 26-204, § 26-206, or § 27-103 of this article. 
Penalties for Violation: Any person who is convicted of a violation of any of the provisions of the following sections of this article is subject to a fine of not more than $500 or imprisonment for not more than 2 months or both

16-303 I) License suspended by another state for failure to appear or pay fine.-
  1. This subsection applies only to a person whose license or privilege to drive is suspended under the traffic laws or regulations of another state for:
    1. Failure to comply with a notice to appear in a court of that state contained in a traffic citation issued to the person; or
    2. Failure to pay a fine for a violation of any traffic laws or regulations of that state.
  2. A person may not drive a motor vehicle on any highway or on any property specified in § 21-101.1 of this article while the person's license or privilege to drive is suspended under the traffic laws or regulations of any other state as described in paragraph (1) of this subsection.  
Penalties for Violation: Penalties - $500 and 2 months.- Any person who is convicted of a violation of any of the provisions of the following sections of this article is subject to a fine of not more than $500 or imprisonment for not more than 2 months or both.

16-303 J) Assessment of points.-
  1. Except as provided in paragraph (2) of this subsection, any individual who violates a provision of this section shall be assessed the points as provided for in § 16-402(a)(31) of this title.
  2. Any individual who violates a provision of subsection (h) or subsection (i) of this section shall be assessed the points as provided for in § 16-402(a)(12) of this title.
After you are convicted of a vehicle-related law violation in Maryland, the Maryland District Court notifies the MVA of the conviction. The MVA then applies the appropriate points to your driver record. Other actions taken by the MVA in response to this notification depend upon the total number of points that you have accumulated during the two-year period prior to the violation:
  • 3 to 4 points - The MVA will send you a warning letter.
  • 5 to 7 points - The MVA will require you to enroll in a Driver Improvement Program (DIP).
  • 8 to 11 points - The MVA will send you a notice of suspension.
  • 12 or more points - The MVA will send you a notice of revocation.

Law Offices of G. Randolph Rice, Jr., LLC
6914 Holabird Avenue, Suite A
Baltimore, Maryland 21222-1747
410-288-2900

If you have been arrested or charged with driving suspended, revoked, or cancelled in Maryland, contact my office at 410-288-2900 for immediate help and to speak with a driving suspended, revoked, cancelled attorney.  Law Offices of G. Randolph Rice, Jr., LLC, 410-288-2900 or email us.

Have You Lost Your Traffic Ticket and You Need to Request a Waiver or Trial in Maryland?

Have you been stopped in Maryland and issued a payable traffic ticket only to lose your tickets and now you want to request a waiver hearing or trial?  We have the solution, at the Law Offices of G. Randolph Rice, Jr, LLC, as an aggressive traffic ticket attorney in Maryland, we think all clients should have the option of requesting a waiver hearing or trial for their Maryland traffic citations.

To request a waiver hearing or trial for your traffic ticket and you've lost your tickets, follow these easy steps:

  1. You need your ticket numbers. Go to our Maryland Case Search Website and click on "Maryland Judiciary Case Search."  You will be directed to the Maryland Judiciary Case Search page.  If you have questions regarding the Maryland Judiciary Case Search, read our help page on Maryland Judiciary Case Search.
  2. Type in your last and first name. Once the search produces a result, write down the ticket numbers for the citations you would like to request a hearing or trial.
  3. Go to our "Request a Waiver Hearing or Request Trial Hearing Form"  If you have more questions or would like to learn more, visit our MVA Hearing and Trial Page.
  4. Complete the form with your ticket numbers and required information and send to the MVA, remember you must complete this process within 30 days after your traffic stop.
  5. Wait for the MVA to send you a notice of a trial date.  You may want to send the form certified mail, return receipt to ensure that the MVA receives the form.
We always recommend that you go to Court with an experienced Maryland traffic ticket attorney.  Contact us at 410-288-2900 to discuss how a traffic citation attorney can benefit your case and reduce the consequences in Court.

Law Offices of G. Randolph Rice, Jr., LLC
6914 Holabird Avenue, Suite A
Baltimore, Maryland 21222
410-288-2900
RiceLawMD@gmail.com
www.RiceLawMD.com

We handle all matters in:

  • Criminal Defense
  • DUI/DWI
  • Personal Injury
  • Auto Accidents
  • Motorcycle Accidents
  • Truck Accident
  • Pedestrian Accidents
  • Medical Malpractice
  • Wills & Estates
Ranked by CitySpur as Baltimore's Best Law Firms (2009, 2010, 2011)

Wednesday, May 4, 2011

Waiver Hearing vs. Trial Request for Traffic Ticket in Maryland?

Q:  Should I request a Waiver Hearing or Trial if I receive a traffic ticket in Maryland?


I receive at least 5 calls a day regarding this issue and I tell every client they should select a trial for a traffic ticket in Maryland.  Last week was a perfect example.  I was in Court and the docket consisted of drivers that selected waiver hearings and trials for traffic tickets.  The individuals that requested a waiver hearing approached the trial table and entered a plea of guilty and explained why they were speeding or committed some other payable traffic offense in Maryland.  The officer does not have to appear and you have not defense to present, just explain why you committed the offense.

Yet, there were two unrepresented individuals that requested trials and plead not guilty.  The police officer showed up and they, unknowing of the law, requested that the case be tried that day.  Most of the time and in most jurisdictions in Maryland, that is a sure bet for a guilty finding and probably making the Judge upset because he or she has 50 cases on the docket and wants to get to lunch.  The Judge doesn't want to hear testimony from a individual who has no legal argument and thinks it is a chance to complain about the stop.  Unrepresented drivers think that because they were on their way the airport or to pick up their child from soccer they should not be found guilty of speeding or rolling through a stop sign.  That is not a legal argument nor is it a defense to a traffic offense.
Maryland Waiver Hearing vs Trial
Attorney
410-288-2900

Yet these two unrepresented individuals may have been the two luckiest people in the Courtroom.  The drivers said they wanted a trial.  Everyone was sworn to tell the truth and the officer began to read the facts of the case.  What the drivers did not know and only the Judge and attorneys in the Courtroom knew was that the officers left out a few critical facts about the traffic stop that are key in proving a case.  The police officers must prove beyond a reasonable doubt that the driver committed the alleged offense.  The officers did not provide a few key facts, and the kind Judge asked the officer, "is there anything else you would like to tell me," and the officer did not reply and the Judge found the drivers not guilty.  Now, most of the time, that is where you would rely on your attorney to make the argument that the officer did not state the precise facts and be found not guilty, but the Judge was kind enough to do that for the drivers (this does not usually happen, the Judge will lead the officers for the facts).  After seeing those two individuals, I am more confident in saying you should always ask for a trial and make sure you hire a Maryland traffic attorney to represent you in Court.

You may have an officer that doesn't state the correct facts and the lawyer can argue the missed information and the Court can find you not guilty.

When you have the option, select a trial and hire a lawyer, you may find yourself walking out of the Courtroom with a not guilty.

Law Offices of G. Randolph Rice, Jr., LLC
6914 Holabird Avenue, Suite A
Baltimore, Maryland 21222
410-288-2900

Maryland Traffic Ticket Attorneys
We provide a defense to:

  • Driving While Suspended;
  • Driving While Revoked;
  • Driving Uninsured;
  • Speeding;
  • Red lights; and
  • All other Maryland traffic citations.

Tuesday, May 3, 2011

Expungement of Maryland MVA Driving Record

Expungement is the removal of points and violations from a Maryland driving record that were placed on the record after a Maryland driver was found guilty of certain traffic laws in Maryland.

The Maryland MVA will automatically expunge your driving record Three (3) years after your conviction if you meet the following criteria:

  • You have not been convicted of another moving violation of criminal offense involving a motor vehicle during the previous 3 years; and
  • Your driver's license has never been suspended or revoked; and
  • You have never been convicted of, or been granted probation before judgment (PBJ) for
    • Failing to remain at the scene of an accident resulting in bodily injury or death; or
    • Driving while intoxicated, driving under the influence, or driving impaired; or
    • A violation that is identical to or substantially similar to those listed above.
If you don't meet these criteria then you may still still be able to request manual expungement under certain circumstances.
Maryland Traffic Ticket Attorney
410-288-2900

If you need a Maryland MVA expungement attorney or Maryland Traffic Ticket Attorney, call our office at 410-288-2900 and speak with attorney G. Randolph Rice, Jr., with the Law Offices of G. Randolph Rice, Jr., LLC.