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Points for Maryland Traffic Tickets and Traffic Violations

Points will be assessed against you if you are convicted in court for the violation listed on your traffic ticket, or if you admit the violation by paying the preset amount shown on the ticket. Maryland points stay current for two years.

Points can raise your car insurance rates by far more than the fine on the ticket, and they can also result in your driver’s license being suspended or revoked by the MVA.

As you accumulate certain preset levels of current points, the Maryland Motor Vehicle Administration (MVA) will take different actions against you. If you have 3-4 points, you will be sent a warning letter. For 5-7 points, you will have to participate in a driver improvement program. For 8 to 11 points, you face license suspension, and for 12 or more points, license revocation. I can often prevent license suspensions and revocations, both in court, and at your MVA hearing. Even if you have already accumulated points by paying the traffic ticket, or by losing in court, I can usually get you a new trial, and I can also defend you at the MVA if you face suspension or revocation.  I can also defend you without your presence in some cases if you are unable to return to Maryland for a court date or MVA hearing.

Paying a traffic ticket is an admission of guilt, and is usually a mistake. I can help keep your car insurance costs low, and your license valid.

If you have a provisional driver’s license or a commercial driver’s license (CDL), there are also additional consequences for traffic violations and point accumulations specific to each class of license.

Many people are surprised to discover how much I can do to defend traffic ticket cases. Even the most minor traffic tickets are based on offenses which frequently have a variety of obscure requirements and caveats buried in the law which I can exploit in order to secure victory on your court date. As one of the few lawyers in Maryland that regularly uses case law to win traffic violation cases at trial, I have often been able to extract my clients from seemingly impossible situations.

If you are charged with a traffic violation that requires a court appearance you definitely need an attorney and should contact me immediately, even if you do not care about your insurance costs or driving record, as the penalty for the charge could include incarceration in addition to the penalties that can go with other traffic violations.

Traffic violations that do not require a court appearance can result in your license being suspended or revoked. Any traffic violation, jailable or otherwise, can raise your insurance rates for years, adding up to a significant amount of money; it is often cheaper to hire a lawyer to contest your traffic ticket than it is to pay it. There are many ways that I can beat minor traffic violations in court, and the state’s lack of interest in these infractions can work in your favor.

If you are facing license suspension or revocation due to accumulated points, it is often a good idea to request an MVA hearing. You will need legal advice to help you decide whether to request a hearing, and if you do decide to request a hearing, you will need an attorney to effectively represent you.

Maryland driver’s license holders will not receive points for most out of state violations, but there are exceptions.  Maryland license holders will receive points for out of state intoxication related offenses, felonies where a motor vehicle was used, failure to stop and render aid in the event of an accident resulting in personal injury, and vehicle related homicides.  Insurance companies may also see out of state violations on your Maryland driver’s record and raise your rates, even in the absence of points.

Many other states are less accommodating than Maryland to their own license holders.  Licensees of Virginia and the District of Columbia both receive points for Maryland traffic convictions, making it particularly important that those drivers contest Maryland traffic tickets.  Each state decides what they will count as a point against their own licensees, and when to suspend the licenses that they issue.

Some violations carry different numbers of points under the same code section depending on the circumstances. For example, speeding under TA § 21-801.1 can be either 1, 2, 3, or 5 points depending on how fast you were going, what the limit was, and whether it contributed to an accident. Speeding charged under TA § 21-801 or a different section is either one point or three points, depending on whether it contributed to an accident. Driving on a suspended license can either be 3 or 12 points, depending on what subsection of TA § 16-303 you are convicted under. Also, points do not necessarily add up if you have multiple tickets. If they are all part of the same incident, only the highest one counts against your Maryland license, though those licensed in other states may be subject to different rules.

Whatever your situation, I can help. If your ability to drive, points on your driver’s license, or your insurance rates are important to you, call me at (301) 556-8709 now.

Point Values of Maryland Traffic Tickets and Traffic Violations

1 Point (3 if it contributes to an accident)

  • TA 13-919(f) – Operating dump truck vehicle in excess of speed limits
  • TA 21-103 – Willfully disobeying order/direction/summons of officer
  • TA 21-106 – Unsafe operation of emergency vehicle
  • TA 21-201 – Failure to obey instructions of traffic control device
  • TA 21-202(c), (e), (k) – Failure to yield right-of-way
  • TA 21-204 – Failure to obey a flashing traffic signal
  • TA 21-204.1 – Failure to obey a lane direction control signal
  • TA 21-207 – Failure to yield right-of-way to a funeral procession
  • TA 21-301 – Driving across center line/failure to drive on right side of roadway
  • TA 21-302 – Failure to drive on extreme right side of roadway
  • TA 21-303 – Improper passing/failure to permit vehicle to pass
  • TA 21-304 – Passing on the right when not permitted
  • TA 21-305 – Driving to the left of center of road where prohibited
  • TA 21-307 – Driving to the left in a no passing zone
  • TA 21-308 – Failure to drive in a designated direction on one-way roadway
  • TA 21-309 – Failure to drive on roadway in designated lane
  • TA 21-311 – Driving improperly on divided highway
  • TA 21-312 – Unauthorized entering/leaving controlled access highway
  • TA 21-313 – Driving on controlled access highway when prohibited
  • TA 21-401 – Failure to yield right-of-way at intersection
  • TA 21-401.1 – Failure to yield right-of-way at T intersection
  • TA 21-402 – Failure to yield right-of-way when making a left or U-turn
  • TA 21-403 – Failure to stop/yield at intersection/turn on highway
  • TA 21-404 – Failure to stop/yield right-of-way when entering highway
  • TA 21-404.1 – Entering highway from crossover without yielding right-of-way
  • TA 21-405(e)(1) – Failure to make required lane change for stopped emergency vehicle
  • TA 21-405(e)(2) – Failure to slow to reasonable speed while passing stopped emergency vehicle
  • TA 21-502(a), TA 21-502(c) – Failure to stop/pedestrian crossing in crosswalk
  • TA 21-504 – Failure to exercise due care for pedestrian
  • TA 21-508 – Driving through in a safety zone
  • TA 21-601 – Using improper position/method when making a turn
  • TA 21-602 – Making a U-turn on curve/crest of a grade where prohibited
  • TA 21-603 – Start/move vehicle unsafely without giving adequate signal
  • TA 21-604 – Unauthorized turning/slowing/stopping without required signal
  • TA 21-605 – Failure to use hand/arm signal/signal lamp when required
  • TA 21-606 – Improper hand/arm signal to stop/turn/decrease speed
  • TA 21-701 – Failure to stop and proceed safely to railroad grade crossing
  • TA 21-702 – Failure to obey stop sign at railroad grade crossing
  • TA 21-703 – Failure to stop at railroad crossing when carrying passenger/cargo
  • TA 21-704 – Driving/moving heavy equipment vehicles on/across railroad crossing
  • TA 21-705 – Entering/emerging from alley/driveway/building without stopping
  • TA 21-707 – Failure to stop at stop sign/yield at yield sign
  • TA 21-708 – Failure to stop for livestock at livestock crossing
  • TA 21-801 – Exceeding speed limit/failure to reduce speed when required
  • TA 21-801(a) – Driving at a speed not reasonable and prudent
  • TA 21-801.1 – Exceeding maximum speed limit by 1-9 miles per hour
  • TA 21-802.1 – Exceeding maximum speed limit by 1-9 miles per hour in a highway work zone
  • TA 21-803.1 – Exceeding maximum speed limit by 1-9 miles per hour in a school zone
  • TA 21-804 – Driving below minimum posted speed limit
  • TA 21-804(c) – Driving limited speed vehicle on prohibited highway
  • TA 21-805 – Driving without/unauthorized use of slow moving vehicle emblem
  • TA 21-805.1(a) – Driving without/unauthorized use of limited speed vehicle emblem
  • TA 21-806 – Driving school vehicle with passengers in excess of 45 miles per hour
  • TA 21-901.1(b) – Driving motor vehicle in a negligent manner
  • TA 21-903 – Driving motor vehicle on highway while consuming alcoholic beverage
  • TA 21-1101 – Stop/park/leave vehicle unattended without removing key/setting brake
  • TA 21-1102 – Unsafe backing of motor vehicle
  • TA 21-1103 – Driving a motor vehicle on a sidewalk
  • TA 21-1104 – Driving a vehicle with view obstructed/not in control
  • TA 21-1105 – Open/fail to close vehicle door when unsafe
  • TA 21-1106 – Permit/occupy mobile home while being towed on highway
  • TA 21-1108 – Coasting downgrade in neutral with clutch disengaged
  • TA 21-1109 – Following within 500 feet/parking within 300 feet of fire apparatus
  • TA 21-1110 – Driving over unprotected fire hose without consent of fire department
  • TA 21-1117 – Driving in improper manner to cause skidding/spinning wheels/noise
  • TA 21-1118 – Failure to comply with school vehicle regulations
  • TA 21-1119 – Driving/attempting to drive snow emergency route without snow tires/chains
  • TA 21-1120 – Driving a vehicle while wearing headset/earphones/earplugs on/in both ears
  • TA 21-1123 – Driving a vehicle on a highway with unauthorized passengers
  • TA 21-1124 – Use of a wireless communication device while operating a motor vehicle
  • TA 21-1124.1 – Use of a text messaging device while operating a motor vehicle
  • TA 21-1124.2(c)(1) – Second or subsequent offense of using handheld telephone while operating a Class H vehicle with passengers
  • TA 21-1124.2(c)(2) – Second or subsequent offense of using handheld telephone while licensed with a learner’s permit or provisional license
  • TA 21-1124.2(d)(2) – Second or subsequent offense of using handheld telephone while vehicle is in motion
  • TA 21-1125 – Operating a low speed vehicle on unauthorized roadway/highway
  • TA 21-1128 – Driving while operating unauthorized television/video equipment visible to the driver
  • TA 21-1209(a)(2) – Failure to provide minimum 3 foot distance when passing a bicycle/EPAMD/motor scooter
  • TA 21-1209(d) – Failure to yield right of way to a bicycle/EPAMD/motor scooter in designated bike lane or shoulder
  • TA 21-1303 – Improper operation of motorcycle on laned highway
  • TA 21-1303.1(a) – Operating on unauthorized roadway/improper horsepower motorcycle
  • TA 21-1304 – Riding motorcycle while attached to another vehicle
  • TA 21-1404 – Failure to obey sign/signal/order direction at vehicle crossing
  • TA 21-1408 – Making a prohibited turn on vehicular crossing/crossover
  • TA 21-1409 – Failure to maintain posted minimum speed on a vehicular crossing
  • TA 21-1410 – Driving vehicle exceeding height/weight/width on vehicular crossing
  • TA 21-1412 – Violating special provisions while driving through tunnel

2 Points

  • Following another vehicle too closely (TA § 21-310)
  • Speeding in excess of the posted speed limit by 10 miles an hour or more (TA § 21-801.1)
  • Driving with an improper class of license
  • Passing an emergency or police vehicle with its emergency signals on that is in motion (TA § 21-405(d))
  • Failing to yield to a disabled pedestrian (TA § 21-511(a))
  • Failing to stop for a steady red traffic signal (TA § 21-202) or a nonfunctioning traffic signal (TA 21-209)
  • Operating a limousine for hire without a Public Service Commission license (TA § 21-1127(a))

3 Points

  • Any one point violation that contributes to an accident
  • TA 21-801(b) – Failure to control speed to avoid an accident
  • TA 21-1124.2(c)(1) – Second or subsequent offense of using handheld telephone while operating a Class H vehicle with passengers, contributing to an accident
  • TA 21-1124.2(c)(2) – Second or subsequent offense of using handheld telephone while licensed with a learner’s permit or provisional driver’s license, contributing to an accident
  • TA 21-1124.2(d)(2) – Second or subsequent offense of using handheld telephone while vehicle is in motion, contributing to an accident
  • Failing to stop for a school vehicle with activated alternately flashing red lights
  • Driving on a suspended license if the license was suspended for failure to appear in court, pay a fine, pay child support, or take a driver’s improvement program, rather than for some other reason (TA § 16-303(h), TA § 16-303(i))
  • Possessing a suspended license, canceled license, or a revoked license (TA § 16-301(h), TA § 16-301(i), TA § 16-301(j))
  • Transporting certain hazardous materials without following regulations on a Maryland Transportation Authority highway (TA § 21-1411) other than on the John F. Kennedy Memorial Highway

A single one, two, or three point violation can greatly increase your insurance rates by itself, but will not generally lead to a suspension for a driver without a provisional license unless there are also points from other offenses. However, some traffic violations have special rules that can cause a suspension independent of the points assigned to the offense.

5 Points

  • Driving without a license (TA § 16-101)
  • Speeding in excess of the posted speed limit by 30 miles an hour or more (TA § 21-801.1)
  • Speeding in excess of a posted speed limit of 65 miles an hour by 20 miles an hour or more (TA § 21-801.1)
  • Failure to report an accident
  • Driving on a learner’s permit without proper supervision (TA § 16-105)
  • Driving an uninsured vehicle, or allowing an uninsured vehicle to be driven (Any violation of TA § 17-107)
  • Participating in a race or speed contest on a highway
  • Permitting an improperly licensed individual to drive a vehicle (Any violation of TA § 16-304, TA § 16-305)
  • Operating a vehicle equipped with a nitrous oxide system on a highway (Any violation of TA § 22-404.5)
  • Aggressive driving (TA § 21-901.2)

6 Points

  • Reckless driving (TA § 21-901.1(a))

At eight points, even someone with a completely clean record, and a non provisional drivers license will get a suspension notice for one violation. At and above 8 points, the offenses are also almost all jailable, must appear offenses.

8 Points

A twelve point violation will cause a revocation hearing by itself even for someone with a completely clean record and a non provisional driver’s license.

12 Points

  • Failing to stop after an accident resulting in bodily injury or death
  • Homicide, causing a life threatening injury while DUI or DWI (CR § 3-211), or committing an assault by means of a vehicle
  • Driving while under the influence of alcohol (DUI) (TA § 21-902(a)(1)(i))
  • Driving while under the influence of alcohol per se (TA § 21-902(a)(1)(ii))
  • Driving while impaired by a controlled dangerous substance (TA § 21-902(d))
  • Driving while privilege to drive is canceled, suspended, refused, or revoked, excepting suspensions due to failure to appear in court, pay a fine, pay child support, or take a driver’s improvement program (TA § 16-303)
  • Any felony involving use of a vehicle
  • Fleeing or attempting to elude a police officer
  • Making false statements to the MVA, or under any law concerning the ownership or operation of motor vehicles
  • Failure to surrender a suspended, revoked, or canceled license (TA § 16-301(o))
  • Loaning or permitting the unlawful use of a license (TA § 16-301(p))
  • Fraud in attempting to obtain a license, or in an application for a license (TA § 16-301 (a), TA § 16-301 (b))
  • Display of a suspended, canceled, or revoked license (TA § 16-301 (c), TA § 16-301 (d), TA § 16-301 (e))
  • Possession or display of a fictitious or fraudulently altered license (TA § 16-301 (f), TA § 16-301 (g), TA § 16-301 (k), TA § 16-301 (l))
  • Unlawful duplication of a driver’s license or an identification card issued by the MVA (TA § 16-302)
  • Driving a commercial vehicle with more than one license (TA § 16-804)
  • Driving a commercial vehicle while not authorized to do so (TA § 16-808(a) or TA § 16-808(b))
  • Unauthorized use, unauthorized removal, or theft of a vehicle (Any violation under CL § 7-105, CL § 7-203, or TA § 14-102)
  • A texting or mobile phone violation that causes an accident resulting in death or serious bodily injury (TA § 21-1124.1, TA § 21-1124.2)

Ref. COMAR; Maryland Code, Transportation Article (TA), § 16–402, § 16–402.1