Quick answer: Driving without insurance in Upper Marlboro is a criminal misdemeanor under Md. Code, Transp. § 17-107 — up to 1 year in jail and/or a $1,000 fine for a first offense, up to 2 years for a second, plus 5 points on your Maryland record. It is a must-appear charge in the District Court in Upper Marlboro, not a ticket you can pay and forget. It is also separate from the MVA’s civil insurance-lapse penalty, and you can face both. The good news: once you restore coverage, a lawyer can often get the charge reduced, dismissed, or resolved with probation before judgment.
I’m David Waranch, and I’ve handled thousands of Maryland traffic and criminal traffic cases across Prince George’s County and the rest of the state. Below is what a driving without insurance charge really means in Upper Marlboro, how § 17-107 differs from the MVA’s lapse fee, and the steps that actually change the outcome.
What Does a Driving Without Insurance Charge Mean in Upper Marlboro?
Under Md. Code, Transp. § 17-107, you may not drive a vehicle you know or have reason to know is not covered by the required security, and an owner may not knowingly let someone else drive it uninsured. Most people charged in Upper Marlboro never meant to break the law. Coverage lapses for ordinary reasons — a missed payment, an auto-pay that failed, an expired card, a policy the insurer canceled without your realizing it, or an MVA record that lagged behind the actual coverage. The statute puts it plainly:
“A person who knows or has reason to know that a motor vehicle is not covered by the required security may not drive the vehicle.”
That word “knows or has reason to know” matters. Section 17-107 is not a strict-liability parking ticket — the State has to show you were aware, or should have been aware, that the car was uninsured. The statute also says the MVA’s own records showing no coverage are prima facie evidence of that knowledge, so the burden in practice shifts to you to explain the lapse. On US-301, MD-4 (Pennsylvania Avenue), and the I-95/495 Beltway, Prince George’s County officers write these charges every day, and how you respond before your court date matters more than how the stop happened. If you actually had a policy in force when you were stopped, that is a different situation, and our page on being charged with driving uninsured when you had insurance walks through it.
What Are the Penalties Under § 17-107?
Section 17-107 is a misdemeanor, and the ceiling climbs for a repeat. Here is what the statute authorizes:
| Offense | Maximum penalty | MVA points | Ticket type |
|---|---|---|---|
| First offense | Up to 1 year in jail and/or a $1,000 fine | 5 points | Must appear |
| Second or subsequent | Up to 2 years in jail and/or a $1,000 fine | 5 points | Must appear |
The 5 points come from Transp. § 16-402(a)(21), which assigns five points to any § 17-107 violation. Five points is enough to trigger MVA action on its own, and a conviction sits on your record where insurers can see it for years. If you want to understand how the accumulation works, see how Maryland’s point system works. The jail figures are the ceiling a judge can impose, not what a typical first-time driver receives, but a conviction still creates a permanent misdemeanor entry and drives up premiums. The aim in almost every case is to keep the disposition off your record entirely, not just to shave the fine.
Fixing your insurance does not make the charge disappear. Restoring coverage is the single most important thing you can do, but § 17-107 is a must-appear criminal misdemeanor — there is no box to check and no fine to prepay, and the case does not close just because you are insured again. Missing the court date can lead to a bench warrant. Bringing proof of restored coverage to court is what gives a lawyer room to argue for a reduction, a dismissal, or probation before judgment.
How Is the MVA Insurance-Lapse Penalty Different?
This trips up almost everyone, so it is worth being precise. There are two separate tracks, and a driver can face both at the same time:
| Criminal charge — § 17-107 | MVA lapse penalty — § 17-106 | |
|---|---|---|
| What it is | A must-appear criminal misdemeanor | A civil MVA penalty fee, no court |
| Who imposes it | The District Court in Upper Marlboro | The Motor Vehicle Administration |
| The cost | Up to $1,000 fine, up to 1 year, 5 points | $200 for the first 30 days, then $7 per day, capped at $3,500 per year |
| Other consequences | Conviction on your driving record | Registration suspended; tags surrendered; license can be suspended |
The MVA penalty lives in Transp. § 17-106. When your required security lapses, the MVA suspends the vehicle’s registration and can assess an uninsured-motorist penalty fee of $200 for the first 1 to 30 days, rising by $7 for each additional day beginning on the 31st, up to a maximum of $3,500 for each violation in a 12-month period. Once your registration is suspended you have 48 hours to surrender your tags, and the MVA can suspend your driver’s license until you return them. The registration stays suspended until you restore coverage, file proof on the MVA’s form, and pay any penalty fee. None of that happens in a courtroom, and paying it does nothing to resolve the § 17-107 criminal charge. For the administrative side, see our guide to insurance lapse and license suspension in Maryland.
What Insurance Does Maryland Require?
Every vehicle registered in Maryland has to carry minimum liability coverage under Transp. § 17-103: $30,000 for bodily injury to one person, $60,000 for two or more, and $15,000 for property damage — the figures written 30/60/15. On top of that, a Maryland policy must include personal injury protection (PIP) and uninsured/underinsured motorist coverage unless PIP is properly waived in writing. PIP provides at least $2,500 in first-party medical and lost-wage benefits regardless of who caused the crash. Keeping continuous coverage at these minimums is what keeps you clear of both § 17-107 and the § 17-106 lapse fee in the first place.
How We Defend Uninsured Driving Cases in Upper Marlboro
Most Prince George’s County uninsured-driving cases are heard in the District Court in Upper Marlboro, though the county also has a District Court in Hyattsville, and appeals or more serious matters move to the Circuit Court in Upper Marlboro. Local judges respond far better when a driver has already fixed the problem, so the work starts the day you hire us, not the morning of court. Here is how we approach a § 17-107 case:
- Pull your MVA record and the insurer’s documentation to pin down exactly when coverage lapsed and why.
- Get you re-insured and clear the MVA registration suspension before your court date so we argue from a position of strength.
- Challenge whether the State can prove you knew, or had reason to know, the car was uninsured under § 17-107(a).
- Push for a reduction, a dismissal, or probation before judgment, and appear with you in court.
Probation before judgment under Crim. Proc. § 6-220 is the outcome we aim for when a dismissal is not on the table: the court withholds a conviction, so the 5 points and the misdemeanor entry stay off your record. Because this is a must-appear charge, it also helps to work with someone who knows the local bench — see our county-wide Prince George’s County driving without insurance page, the broader Prince George’s County traffic lawyer overview, and our statewide guide to driving an uninsured car in Maryland. If you are unsure whether your citation requires a court appearance, read payable vs. must-appear tickets in Maryland and then plan to show up with a lawyer.
Yes. Driving without insurance under Transp. § 17-107 is a must-appear criminal misdemeanor, not a payable ticket. There is no fine to prepay, and skipping the date in the District Court in Upper Marlboro can lead to a bench warrant. A lawyer can attend with you and, in many cases, appear on your behalf.
No. The MVA lapse penalty under Transp. § 17-106 is a civil fee — $200 for the first 30 days, then $7 a day, capped at $3,500 a year — plus registration suspension until you restore coverage. The § 17-107 charge is a separate criminal case in court. You can face both from the same lapse, and paying the MVA fee does not resolve the criminal charge.
Restoring coverage is the most important first step and often changes how the court treats your case, but it does not automatically dismiss a § 17-107 charge. Walking into court already re-insured lets your lawyer push for a reduction, a dismissal, or probation before judgment under Crim. Proc. § 6-220, which keeps a conviction and the 5 points off your record.
Law Offices of David R. Waranch — 301-563-9575 · toll-free 1-877-566-2408. Hablamos Español.
Last updated: August 2026. Statutory references: Md. Code, Transp. § 17-107, § 17-106, § 17-103, § 16-402; Ins. § 19-505; Crim. Proc. § 6-220. This page is general information about Maryland law, not legal advice, and reading it does not create an attorney-client relationship.