The key with any Maryland traffic violation is whether or not the violation occurred on a public road.  If the Maryland traffic violation did not occur on a public road, you may have a very strong defense.  Whether or not the street is a public street could make all of the difference.  For example, it is NOT a crime in Maryland to drive on a suspended or revoked license if you were driving on a private road.

However, if your license was suspended and you were driving on a small country road owned by Anne Arundel County (or any Maryland County), you were driving on  a “highway” for purposes of Maryland traffic law.

Need help with a Maryland traffic ticket?  Call me at 301-563-9575 BEFORE you pay any tickets or go to court.  I’m an experienced Maryland traffic lawyer who practices throughout Maryland. I have literally handled thousands of Maryland traffic cases in various counties including, Prince George’s County, Montgomery County, Howard County, Anne Arundel County, Baltimore County, and Baltimore City.

1 point

(1) Any “moving violation” not listed below and not contributing to an accident: 1 point

• (1) 13-919(f) —- Operating dump truck vehicle in excess of speed limits
• (2) 21-103 ——- Willfully disobeying order/direction/summons of officer
• (3) 21-106 ——- Unsafe operation of emergency vehicle
• (4) 21-201 ——- Failure to obey instructions of traffic control device
• (5) 21-202(c), (e), (k) — Failure to yield right-of-way
• (6) 21-204 ——- Failure to obey a flashing traffic signal
• (7) 21-204.1 —– Failure to obey a lane direction control signal
• (8) 21-207 ——- Failure to yield right-of-way to a funeral procession
• (9) 21-301 ——- Driving across center line/failure to drive on right side of roadway
• (10) 21-302 —— Failure to drive on extreme right side of roadway
• (11) 21-303 —— Improper passing/failure to permit vehicle to pass
• (12) 21-304 —— Passing on the right when not permitted
• (13) 21-305 —— Driving to the left of center of road where prohibited
• (14) 21-307 —— Driving to the left in a no passing zone
• (15) 21-308 —— Failure to drive in a designated direction on one-way roadway
• (16) 21-309 —— Failure to drive on roadway in designated lane
• (17) 21-311 —— Driving improperly on divided highway
• (18) 21-312 —— Unauthorized entering/leaving controlled access highway
• (19) 21-313 —— Driving on controlled access highway when prohibited
• (20) 21-401 —— Failure to yield right-of-way at intersection
• (21) 21-401.1 —- Failure to yield right-of-way at T intersection
• (22) 21-402 —— Failure to yield right-of-way when making a left or U-turn
• (23) 21-403 —— Failure to stop/yield at intersection/turn on highway
• (24) 21-404 —— Failure to stop/yield right-of-way when entering highway
• (25) 21-404.1 —- Entering highway from crossover without yielding right-of-way
• (26) 21-405(e)(1)- Failure to make required lane change for stopped emergency vehicle
• (27) 21-405(e)(2)- Failure to slow to reasonable speed while passing stopped emergency vehicle
• (28) 21-502(a)(c)- Failure to stop/pedestrian crossing in crosswalk
• (29) 21-504 —— Failure to exercise due care for pedestrian
• (30) 21-508 —— Driving through in a safety zone
• (31) 21-1124.1 — Use of a text messaging device while operating a motor vehicle
• (32) 21-601 —— Using improper position/method when making a turn
• (33) 21-602 —— Making a U-turn on curve/crest of a grade where prohibited
• (34) 21-603 —— Start/move vehicle unsafely without giving adequate signal
• (35) 21-604 —— Unauthorized turning/slowing/stopping without required signal
• (36) 21-605 —— Failure to use hand/arm signal/signal lamp when required
• (37) 21-606 —— Improper hand/arm signal to stop/turn/decrease speed
• (38) 21-701 —— Failure to stop and proceed safely to railroad grade crossing
• (39) 21-702 —— Failure to obey stop sign at railroad grade crossing
• (40) 21-703 —— Failure to stop at railroad crossing when carrying passenger/cargo
• (41) 21-704 —— Driving/moving heavy equipment vehicles on/across railroad crossing
• (42) 21-705 —— Entering/emerging from alley/driveway/building without stopping
• (43) 21-707 —— Failure to stop at stop sign/yield at yield sign
• (44) 21-708 —— Failure to stop for livestock at livestock crossing
• (45) 21-801 —— Exceeding speed limit/failure to reduce speed when required
• (46) 21-801(a) — Driving at a speed not reasonable and prudent
• (47) 21-801.1 —- Exceeding maximum speed limit by 1—9 miles per hour
• (48) 21-802.1 —- Exceeding maximum speed limit by 1—9 miles per hour in a highway work zone
• (49) 21-803.1 —- Exceeding maximum speed limit by 1—9 miles per hour in a school zone
• (50) 21-804 —— Driving below minimum posted speed limit
• (51) 21-804(c) — Driving limited speed vehicle on prohibited highway
• (52) 21-805 —— Driving without/unauthorized use of slow moving vehicle emblem
• (53) 21-805.1(a) — Driving without/unauthorized use of limited speed vehicle emblem
• (54) 21-806 —— Driving school vehicle with passengers in excess of 45 miles per hour
• (55) 21-901.1(b) – Driving motor vehicle in a negligent manner
• (56) 21-903 —— Driving motor vehicle on highway while consuming alcoholic beverage
• (57) 21-1101 —– Stop/park/leave vehicle unattended without removing key/setting brake
• (58) 21-1102 —– Unsafe backing of motor vehicle
• (59) 21-1103 —– Driving a motor vehicle on a sidewalk
• (60) 21-1104 —– Driving a vehicle with view obstructed/not in control
• (61) 21-1105 —– Open/fail to close vehicle door when unsafe
• (62) 21-1106 —– Permit/occupy mobile home while being towed on highway
• (63) 21-1108 —– Coasting downgrade in neutral with clutch disengaged
• (64) 21-1109 —– Following within 500 feet/parking within 300 feet of fire apparatus
• (65) 21-1110 —– Driving over unprotected fire hose without consent of fire department
• (66) 21-1117 —– Driving in improper manner to cause skidding/spinning wheels/noise
• (67) 21-1118 —– Failure to comply with school vehicle regulations
• (68) 21-1119 —– Driving/attempting to drive snow emergency route without snow tires/chains
• (69) 21-1120 —– Driving a vehicle while wearing headset/earphones/earplugs on/in both ears
• (70) 21-1123 —– Driving a vehicle on a highway with unauthorized passengers
• (71) 21-1124 —– Use of a wireless communication device while operating a motor vehicle
• (72) 21-1124.2(c)(1)—Second or subsequent offense of using handheld telephone while operating a Class H vehicle with passengers
• (73) 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
• (74) 21-1124.2(d)(2)—Second or subsequent offense of using handheld telephone while vehicle is in motion
• (75) 21-1125 —– Operating a low speed vehicle on unauthorized roadway/highway
• (76) 21-1128 ——- Driving while operating unauthorized television/video equipment visible to the driver
• (77) 21-1209(a)(2)—Failure to provide minimum 3 foot distance when passing a bicycle/EPAMD/motor scooter
• (78) 21-1209(d) —- Failure to yield right of way to a bicycle/EPAMD/motor scooter in designated bike lane or shoulder
• (79) 21-1302 —– Improper riding/transporting person/articles on motorcycle
• (80) 21-1303 —– Improper operation of motorcycle on laned highway
• (81) 21-1303.1(a)- Operating on unauthorized roadway/improper horsepower motorcycle
• (82) 21-1304 —– Riding motorcycle while attached to another vehicle
• (83) 21-1404 —– Failure to obey sign/signal/order direction at vehicle crossing
• (84) 21-1408 —– Making a prohibited turn on vehicular crossing/crossover
• (85) 21-1409 —– Failure to maintain posted minimum speed on a vehicular crossing
• (86) 21-1410 —– Driving vehicle exceeding height/weight/width on vehicular crossing
• (87) 21-1412 —– Violating special provisions while driving through tunnel

2 points

(2) Following another vehicle too closely (3) Speeding in excess of the posted speed limit by 10 miles an hour or more (4) Driving with an improper class of license (5) Failing to stop for a school vehicle with activated alternately flashing red lights (6) Any violation of § 21-1111 of the TR article (putting glass/refuse on highway/bridge/waters) (7) Passing an emergency or police vehicle under the provisions of § 21-405(d) of the TR (8) A violation of § 21-511(a) of this article (9) Failure to stop a vehicle for a steady red traffic signal in violation of § 21-202 of this article or a nonfunctioning traffic control signal inviolation of § 21-209 of this article (10) Operating a limousine in violation of § 21-1127(a) of this article

3 points

(11) Any moving violation contributing to an accident (12) Any violation of § 16-303(h) or (i) of this title (13) Any violation, except violations committed on the John F. Kennedy Memorial Highway (I-95), of § 21-1411 of this article (certain HazMat violations)

5 points

(14) Speeding in excess of the posted speed limit by 30 miles an hour or more (15) Driving while not licensed (16) Failure to report an accident (17) Driving on a learner’s permit unaccompanied (18) Any violation of § 17-107 of this article (19) Participating in a race or speed contest on a highway (20) Any violation of § 16-304 or § 16-305 of this title (21) Any violation of § 22-404.5 of this article (22) Speeding in excess of a posted speed limit of 65 miles an hour by 20 miles an hour or more (23) Aggressive driving in violation of § 21-901.2 of this article

6 points

(24) Reckless driving

8 points

(25) Driving while impaired by alcohol or while impaired by a drug, combination of drugs, or a combination of one or more drugs and alcohol, or driving within 12 hours after arrest under § 21-902.1 of this article (26) Turning off lights of a vehicle to avoid identification (27) Failing to stop after accident resulting in damage to attended vehicle or property (28) Failing to stop after accident resulting in damage to unattended vehicle or property (29) Any violation of § 16-815 or § 16-816 of this title (30) Failing to stop after an accident resulting in bodily injury or death (31) Any violation of § 16-303 of this title, excluding § 16-303(h) or (i)

12 points

(32) Any violation of § 16-301, § 16-302, § 16-804, or § 16-808(a)(1) through (9) or (b) of this title (33) Homicide, life threatening injury under § 3-211 of the Criminal Law Article, or assault committed by means of a vehicle (34) Driving while under the influence of alcohol, while under the influence of alcohol per se, or while impaired by an illegally used controlled dangerous substance (35) Any felony involving use of a vehicle (36) Fleeing or attempting to elude a police officer (37) The making of a false affidavit or statement under oath, or falsely certifying to the truth of any fact or information to the Administration under the Maryland Vehicle Law or under any law relating to the ownership or operation of motor vehicles (38) Any violation involving an unlawful taking or unauthorized use of a motor vehicle under § 7-105 or § 7-203 of the Criminal Law Article, or §14-102 of this article

Many times, an officer will charge a person with fleeing and/or eluding and the individual simply did not see the officer.  Often, the citizen was not paying attention or the officer did not give a proper signal.  In either case, the Defendant must have willfully and intentionally attempted to flee police.

The charge carries a maximum penalty of one year in jail, a fine, and 12 points on your driving record.  There are many defenses to this charge and ways to keep your record clean.

If you’ve been charged with a fleeing and eluding citation in Maryland, don’t panic.  I’d be happy to help keep the points off your license so you can move on with your life.  Call my office at 301-563-9575 or 1-877-566-2408 before you go to court or pay any traffic fines.  I’m an experienced Maryland Traffic ticket attorney who has handled thousands of Maryland traffic cases.  I practice in counties throughout Maryland including:  Prince George’s County, Montgomery County, Anne Arundel County, and Baltimore County.

For more information on fleeing and eluding in Maryland, review the statute below.

§ 21-904. Fleeing or eluding police.

(a)  “Visual or audible signal ” defined.- In this section, “visual or audible signal” includes a signal by hand, voice, emergency light or siren.

(b)  Failing to stop vehicle.- If a police officer gives a visual or audible signal to stop and the police officer is in uniform, prominently displaying the police officer’s badge or other insignia of office, a driver of a vehicle may not attempt to elude the police officer by:

(1) Willfully failing to stop the driver’s vehicle;

(2) Fleeing on foot; or

(3) Any other means.

(c)  Fleeing on foot.- If a police officer gives a visual or audible signal to stop and the police officer, whether or not in uniform, is in a vehicle appropriately marked as an official police vehicle, a driver of a vehicle may not attempt to elude the police officer by:

(1) Willfully failing to stop the driver’s vehicle;

(2) Fleeing on foot; or

(3) Any other means.

(d)  Attempts.-

(1) A driver may not commit a violation of subsection (b)(1) or (c)(1) of this section that results in bodily injury to another person.

(2) A driver may not commit a violation of subsection (b)(1) or (c)(1) of this section that results in death of another person.

(e)  Effect of conviction of crime of violence.-

(1) In this subsection, “crime of violence” has the meaning stated in § 14-101 of the Criminal Law Article.

(2) A driver may not commit a violation of subsection (b)(1) or (c)(1) of this section while the driver is attempting to elude a police officer who is signaling for the driver to stop for the purpose of apprehending the driver for the commission of a crime of violence for which

The Statute in Maryland read as follows:

§ 21-310. Following too closely.

(a)  General rule.- The driver of a motor vehicle may not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the other vehicle and of the traffic on and the condition of the highway.

What is a reasonable and prudent distance?

The Maryland Courts have said that a rear driver has a duty to keep a safe distance, however, a safe distance depends on the facts of circumstances of each situation.

A good rule of thumb (or one in which I think the police officers use) is that you should be at least one car length behind the car in front of you.  Of course, this is not always possible if traffic is “bumper to bumper.”

In either case, since a reasonable and prudent distance is unscientific and open to argument, consider fighting this ticket if you are charged.  Often, a police officer will add this ticket to a speeding violation or unsafe lane change violation.

Need help with a Maryland traffic ticket?  Call me at 301-563-9575 or 1-877-566-2408 for a free consultation.  I’m an experienced Maryland traffic ticket lawyer and I’d be happy to help.  I practice traffic law throughout the entire State of Maryland.

1.  Stay at least tweny feet in front or behind the bus

2.  Do not proceed until the flashing lights have stopped OR the bus resumes motion.

3.  You are only required  to stop if the bus actually has required flashing lights.

The language of the statute is the following:

§ 21-706. Overtaking and passing school vehicle.

(a)  Driver to stop on meeting or overtaking stopped school vehicle – In general.- If a school vehicle has stopped on a roadway and is operating the alternately flashing red lights specified in § 22-228 of this article, the driver of any other vehicle meeting or overtaking the school vehicle shall stop at least 20 feet from the rear of the school vehicle, if approaching the school vehicle from its rear, or at least 20 feet from the front of the school vehicle, if approaching the school vehicle from its front.

(b)  Driver to stop on meeting or overtaking stopped school vehicle  – When vehicles may proceed.- If a school vehicle has stopped on a roadway and is operating the alternately flashing red lights specified in § 22-228 of this article, the driver of any other vehicle meeting or overtaking the school vehicle may not proceed until the school vehicle resumes motion or the alternately flashing red lights are deactivated.

(c)  Exceptions.- This section does not apply to the driver of a vehicle on a divided highway, if the school vehicle is on a different roadway.

Need help with a Maryland traffic ticket?  Call me at 301-563-9575 or 1-877-566-2408.  I’m an experienced Maryland traffic lawyer who handles every type of traffic case in Maryland.  Call me for a free consultation, I’d be happy to hear from you.

§ 21-901.2. Aggressive driving.

A person is guilty of aggressive driving if the person commits three or more of the following offenses at the same time or during a single and continuous period of driving in violation of:

(1) § 21-202 of this title (Traffic lights with steady indication);

(2) § 21-303 of this title (Overtaking and passing vehicles);

(3) § 21-304 of this title (Passing on right);

(4) § 21-309 of this title (Driving on laned roadways);

(5) § 21-310 of this title (Following too closely);

(6) § 21-403 of this title (Failure to yield right-of-way); or

(7) § 21-801.1 of this title (Exceeding a maximum speed limit or posted maximum speed limit).

I have represented many, many people who have been charged with aggressive driving, however, it is not that common of a charge.  If you are driving erratically and committing all kinds of violations (or at least the officer thinks you are), the police officer is more likely to charge you with “reckless driving,” which is a six point violation in Maryland.

In either case, both charges are ones that should be challenged because they could significantly increase your insurance premiums and do some damage to your Maryland driving record.

Need help with an aggressive driving ticket in Maryland?  Call me at 301-563-9575 or 1-877-566-2408.  I’m an experienced Maryland traffic violation attorney who has handled thousands of Maryland traffic tickets.

Maryland judges understand tha the economy is tough, that points increase your insurance premiums, and that most people are just doing the best they can.  If you go to court without a Maryland traffic lawyer, make sure you have a great attitude and tell the truth.  If you are honest with the judge, the judge will be fair to you.

Even if you don’t like the police officer or believe he/she wasn’t very nice to you, its best to come to court with a positive attitude.  You can vent your frustrations outside of the courtroom.  It will do you no good to vent them to a Maryland judge.

Of course, if you are concerned about keeping your Maryland traffic record clean or don’t even have time to make it to court, consider hiring an experienced Maryland traffic lawyer.

Need help with a Maryland traffic case?  Call me at 301-563-9575 or 1-877-566-2408.  I practice Maryland traffic law throughout the State and am happy to assist you.

In a Maryland case called Fitzwater v. State, the Court made it very easy for the police.  In a nutshell, in a Maryland speeding ticket trial, the police officer simply has to testify to the fact that he/she is a competent operator of the radar machine, that the machine was working properly that day, and that it was calibrated properly.  Of course, if the police officer “paced” you, its an entirely different situation.  The Fitzwater case is concerned with radar only, which seems to be the most prevalent form of enforcement used by the Maryland police.

In other words, the officer doesn’t have to show any records or prove that the calibration was sound.  An experienced officer knows exactly what to say in Maryland traffic court and almost all judges are going to accept his/her testimony.

Of course, there are ways to “beat” a Maryland speeding ticket and other things you can do.  Its best to leave that up to the professionals..

Need help with a Maryland traffic case?  Call me at 1-877-566-2408 or 301-563-9575 BEFORE you go to court or pay any fines.  I’m an experienced Maryland traffic attorney with offices in both Silver Spring, Maryland and Greenbelt, Maryland.  I’d be happy to help you.

In Prince George’s County, Maryland, the State is very practical and generally fair and reasonable when it comes to “jailable” or “serious” traffic offenses.  Unless you are charged with a DUI, the State is usually not that concerned with how many times your license in Maryland has been suspended or how many PBJs you’ve received from driving an uninsured vehicle.  The name of the game in Prince George’s County is to fix the problem.  Of course, this makes perfect sense and is the general policy for many of these laws in the first place.

You will be helping yourself and your case more than you know if you can simply get a license, pay all of those old tickets, show proof of insurance, and otherwise take care of the problem.  Most Maryland traffic issues are an easy fix and a Maryland traffic attorney can tell you what you need to do to fix certain things.

As always, even if you fix the problem, they State could still choose to prosecute you.  However, if you have taken care of the issue, they will be less motivated and less likely to go forward with the entire case.

When faced with a traffic offense in Prince George’s County, its still better to be cautious and consult with an experienced Maryland traffic lawyer.

Need help?  Call me at 301-563-9575 or 1-877-566-2408.  I’m an experienced Maryland traffic ticket lawyer with offices in both Silver Spring, Maryland and Greenbelt, Maryland.  I’d be happy to speak with you about your Maryland traffic case.

If you’ve been charged in Maryland with driving an uninsured vehicle, chances are your court date could be several months after you were pulled over.  Obviously, if you don’t own a car anymore, you can’t insure something that you don’t have.  In most cases, if you are driving a vehicle in Maryland without insurance, the State is satisfied if you fix the problem and get insurance.

If you no longer drive or own a vehicle, its best to get proof that the vehicle was sold or the tags were turned in.  You can get some of that information at the Maryland MVA.  That way, you (preferably your Maryland traffic attorney) can show the State proof that you no longer have the vehilce.  Don’t expect the prosecutor to just take your word for it.  They usually won’t.

Of course, obtaining insurance or showing that you no longer have the vehicle is not an automatic dismissal of the case.  The State of Maryland just has to prove that at the time of the stop, you knowingly drove the car uninsured.  Therefore, its best to get advice and retain an experienced Maryland traffic ticket lawyer for your case.

Need help in Maryland Traffic Court?  Call me, I’m an experienced Maryland traffic attorney.  I can be reached at 301-563-9575 or 1-877-566-2408.  I have offices in both Silver Spring, Maryland and Greenbelt, Maryland and handle Maryland traffic cases all over the State.