Quick answer: Yes. For ordinary moving violations, Maryland has no once-per-lifetime limit on probation before judgment (PBJ), so you can legally get a PBJ more than once. It is always the judge’s discretion, and a second request is harder to win. Only two situations bar a second PBJ outright: a DUI/DWI (or a listed vehicular homicide or manslaughter offense) when you were convicted of — or already got a PBJ for — one of those within the past 10 years, and a provisional-license holder who already used a PBJ on a moving violation.
I’m David Waranch, and I’ve handled thousands of Maryland traffic and DUI cases, including plenty where a second PBJ was the whole ballgame. Below is exactly when a repeat PBJ is possible, when the law shuts the door, and what actually moves a judge.
Myth: “You only get one PBJ in your life.” Not true for ordinary tickets. Maryland’s PBJ statute sets no numerical cap and no lifetime limit for garden-variety moving violations — a judge can grant a second, third, or later PBJ. The genuine bars are narrow and specific to DUI-type offenses and provisional licenses, not a blanket “one and done” rule. Don’t plead into a conviction because someone told you your PBJ was already spent.
Is There a “One PBJ Per Lifetime” Rule in Maryland?
No. This is the single most common misconception drivers repeat to me, and it costs people convictions they didn’t have to take. For non-alcohol traffic citations — speeding, running a stop sign, an unsafe lane change, following too closely — nothing in Md. Code, Crim. Proc. § 6-220 limits how many PBJs you can receive over a lifetime. The court may stay the entry of judgment and place you on probation whenever it decides that doing so serves your interests and the public’s. That decision is discretionary, so “you can ask” is not the same as “you’ll get it” — but the door is legally open more than once.
What a PBJ Is, and Why a Second One Is Worth Fighting For
A PBJ is probation instead of a conviction. After a guilty plea or a finding of guilt, the judge stays the judgment and puts you on probation; complete the terms and you are discharged with no conviction on the matter. Because it is not a conviction, the MVA assesses no points for it, so it never touches your point total the way a guilty finding would. It stays off the record insurers and most employers see. In exchange, you consent in writing and give up the right to appeal the guilt finding, and if you violate probation the court can go back and enter judgment. If you want the full picture of what probation actually involves, read whether a PBJ means you’re on probation in Maryland. Keeping points off your record is the whole reason a second PBJ matters — see how Maryland’s point system stacks convictions against your license.
When Is a Second PBJ Actually Barred?
Only in the specific situations § 6-220(f) lists. Everything outside this list is left to the judge. Here is the whole map:
| Situation | Second PBJ available? | Authority |
|---|---|---|
| Ordinary moving violation (speeding, stop sign, unsafe lane change) | Yes — no statutory cap; judge’s discretion | § 6-220(b) |
| DUI/DWI or a listed vehicular homicide or manslaughter offense, with a conviction or PBJ for one of those in the past 10 years | No | § 6-220(f)(1) |
| Second or subsequent controlled-dangerous-substance crime | No (narrow drug-court exception) | § 6-220(f)(2) |
| Moving violation by a provisional-license holder who already got a PBJ for a moving violation while provisional | No | § 6-220(f)(4) |
How the 10-Year DUI Bar Works (§ 6-220(f)(1))
This is the real “you only get one” rule, and it applies only to alcohol- and drug-driving offenses, not to ordinary tickets. A court may not grant a PBJ for a Transp. § 21-902 DUI or DWI (or the listed vehicular manslaughter and homicide-by-vehicle crimes) if, within the preceding 10 years, you were convicted of — or already placed on probation before judgment for — one of those same offenses. Note what triggers it: either a prior conviction or a prior PBJ starts the 10-year clock. Using a PBJ on a first DUI protects you that time, but it locks out a second DUI PBJ for a decade.
“…a court may not stay the entering of judgment and place a defendant on probation before judgment for… a violation of § 21-902 of the Transportation Article… if within the preceding 10 years the defendant has been convicted under § 21-902… or has been placed on probation before judgment in accordance with this section…”
The lookback is exactly 10 years. A prior DUI that is older than that does not, by itself, bar a new PBJ — eligibility can return once the old event falls outside the window. Eligibility is not the same as likelihood, though; any alcohol history makes a judge cautious. If you’re facing a repeat alcohol charge, the rules for second and subsequent DUI offenses and the range of DUI plea options and PBJ become the center of the case. For a first alcohol charge, start with first-offense DUI penalties in Maryland.
Can a Provisional-License Holder Get a Second PBJ?
No — this is the second real bar, and it catches a lot of young drivers by surprise. Under § 6-220(f)(4), if you hold a provisional license and you already received a PBJ for a moving violation while provisional, the court cannot give you a PBJ for another moving violation while you’re still provisional. A first PBJ on a provisional license is fine; the statute simply blocks a second one during that provisional period. Because points and convictions hit a provisional license especially hard, that one available PBJ is worth using carefully. If a provisional driver in your family is charged, our page on Maryland provisional-license tickets walks through what’s at stake.
Why Each PBJ Is Harder to Get Than the Last
Even where the law allows a repeat PBJ, judges don’t hand them out on request. A PBJ is treated as something earned, not owed. Your prior PBJ is visible on the record that judges, prosecutors, and police see — insurers can’t see it, but the court can. So when you ask for a second or third PBJ, the judge already knows you’ve had the benefit before, and that raises the bar. What helps: a clean stretch since the last one, a corrected underlying problem (a fixed equipment issue, a completed class), and a straight explanation rather than excuses. A PBJ is a tool for when it counts, not an unlimited reset button, and how you present the request matters as much as your eligibility. A Maryland traffic violation lawyer can frame that ask far better than a driver standing alone at the podium.
What to Do If You’re Facing a Second Charge
Sort your charge into the right bucket first. If it’s an ordinary traffic ticket, a second PBJ is on the table — plan to show the judge why you’ve earned it. If it’s a DUI within 10 years of a prior alcohol conviction or PBJ, that door is closed by statute, and the case shifts to defending the charge itself: the stop, the testing, and mitigation. There’s a lasting reason to care about the difference. A conviction carries insurance and employment consequences a PBJ avoids, and a past PBJ can often be expunged later — generally the later of three years or your discharge from probation for most offenses, though DUI-related PBJs are treated far more restrictively. Commercial drivers should know one hard exception: federal anti-masking rules mean a PBJ does not keep a qualifying violation off a CDL record. Before you plead to anything, it’s worth a call.
Yes. There is no once-per-lifetime limit on PBJ for ordinary moving violations like speeding, so a judge can grant a second one. It is discretionary, and a second request is harder to win, but it is legally allowed.
Not within 10 years. Under Crim. Proc. section 6-220(f)(1), a court cannot grant a PBJ for a DUI or DWI if you were convicted of, or already got a PBJ for, a qualifying offense in the preceding 10 years. Once the prior event is more than 10 years old, eligibility can return.
Yes to the court, no to insurers. Judges, prosecutors, and police can see a prior PBJ on your record, so the judge knows you have used the benefit before. Insurance companies and most employers do not see a PBJ because it is not a conviction.
Law Offices of David R. Waranch — 301-563-9575 · toll-free 1-877-566-2408. Hablamos Español.
Last updated: September 2026. Statutory references: Md. Code, Crim. Proc. § 6-220; Md. Code, Transp. § 21-902. This page is general information about Maryland law, not legal advice, and reading it does not create an attorney-client relationship.