An aggressive driving charge in Maryland is not what most people think it is — and the difference works in your favour.
It is not a judgment about how you were driving. It is not about anger, or road rage, or whether you frightened anyone. Under Md. Code, Transp. § 21-901.2, aggressive driving is a counting exercise: did you commit three or more offences from a specific, closed list, during a single continuous period of driving?
Three or more from the list, you’re guilty. Two, and there is no charge at all. I’m David Waranch, and that arithmetic is where these cases are won.
What Aggressive Driving Actually Costs You
Let me correct something you will read almost everywhere else, including on other lawyers’ websites:
- 5 points on conviction — not 6. Six points is reckless driving, which is a different offence under a different statute.
- A fine of up to $1,000.
- No jail. Section 21-901.2(b) provides for a fine and nothing else. There is no term of imprisonment attached to this offence.
- It is a must-appear charge — you go to court.
That matters, and I’d rather you heard it from me than spent a fortnight terrified for no reason. Aggressive driving on its own will not put you in jail.
What can is everything the officer wrote alongside it. Aggressive driving almost never arrives alone — and if reckless driving is on the same citation, that one carries 6 points and up to 60 days. If you were doing 30 or more over the limit, that is reckless driving by definition now, since the Sergeant Patrick Kepp Act took effect in October 2025. Read the whole citation, not just the scary words.
The List. This Is the Whole Case.
Section 21-901.2 names nineteen offences, and only these count toward the three:
- Failure to obey a traffic control device — or leaving the roadway to avoid one (§ 21-201)
- Running a steady red light (§ 21-202)
- Overtaking and passing vehicles (§ 21-303)
- Passing on the right (§ 21-304)
- Driving left of centre while overtaking (§ 21-305)
- Driving on the left in a no-passing zone (§ 21-307)
- Driving on laned roadways — unsafe lane changes (§ 21-309)
- Following too closely (§ 21-310)
- Failure to yield right-of-way (§ 21-403)
- Failure to stop for a pedestrian in a crosswalk (§ 21-502(a)(2))
- Passing a vehicle stopped for a pedestrian in a crosswalk (§ 21-502(c))
- Passing a stopped school bus with its red lights flashing (§ 21-706)
- Stop signs and yield signs (§ 21-707)
- Exceeding the speed limit (§ 21-801.1)
- Skidding, spinning wheels, excessive noise (§ 21-1117)
- Discharging diesel emissions onto another person — “rolling coal” (§ 21-1131)
- Unsafe passing of a bicycle, scooter or EPAMD (§ 21-1209(a))
- A motorcycle passing in the same lane as another vehicle (§ 21-1303(c))
- A motorcycle riding between lanes — lane splitting (§ 21-1303(d))
Read that list against your own citation, carefully, and count.
Two Ways These Charges Fall Apart
First: the offence isn’t on the list. The list is closed. If the officer’s three predicates include something that isn’t in § 21-901.2, it does not count — and if that takes you below three, the aggressive driving charge cannot stand. Not “is unlikely to.” Cannot. Negligent driving isn’t on the list. Reckless driving isn’t on the list. Driving uninsured isn’t. Driving on a suspended licence isn’t. DUI isn’t. I have seen officers bundle a citation stack together and assume it adds up, and it doesn’t always.
Second: beat one of the three. This is the real work, and it is why aggressive driving is more defensible than it looks. You do not have to defeat the whole case. You have to defeat one predicate. If the sign wasn’t legible, the § 21-201 count goes — and with it, the aggressive driving charge collapses to two ordinary citations. If the radar wasn’t calibrated, the speeding count goes. If the lane change was safe, § 21-309 goes.
The whole charge rests on its weakest leg. That is where I aim.
“Single and Continuous Period of Driving”
One more element the State has to establish, and it’s often just assumed.
The three offences must have occurred “at the same time or during a single and continuous period of driving.” Three violations spread across a long journey, with stops in between, is not the same thing as three in one continuous stretch. Where the officer picked you up partway through, or where there was a genuine break, that element is contestable — and it is an element, not a formality.
Aggressive Driving Is Not Reckless Driving
These get conflated constantly, including by people who should know better. They are different offences with different elements and very different consequences:
| Aggressive driving (§ 21-901.2) | Reckless driving (§ 21-901.1) | |
|---|---|---|
| What the State must prove | Three or more offences from a closed list, in one continuous period of driving. No mental element at all. | Wanton or wilful disregard for safety — or simply a speed at least 30 mph over the limit |
| Points | 5 | 6 |
| Jail | None | Up to 60 days |
| Fine | Up to $1,000 | Up to $1,000 |
If both are on your citation, the reckless count is the one that can put you in a cell. Prioritise accordingly.
Frequently Asked Questions
How many points is aggressive driving in Maryland?
Five. You will frequently see 6 quoted — including on lawyers’ websites — but 6 points is reckless driving. Aggressive driving is 5 under § 16-402(a)(25).
Can I go to jail for aggressive driving?
Not for aggressive driving itself. Section 21-901.2(b) provides for a fine of up to $1,000 and no term of imprisonment. If jail is genuinely on the table in your case, it’s coming from something else on the citation — usually reckless driving.
The officer wrote three tickets. Is that automatically aggressive driving?
No — and this is where the cases are won. All three have to be on the statutory list, and they have to fall within a single continuous period of driving. Three citations that include one off-list offence do not add up to aggressive driving, however they’re stacked.
Can an aggressive driving charge be reduced or dismissed?
Frequently. You don’t have to win the whole case — you have to defeat one of the three predicates and the charge fails for want of a third. And even where the count holds up, a probation before judgment keeps the conviction and the 5 points off your record entirely.
Do I have to go to court?
Yes — it’s a must-appear charge, not something you can pay and forget. In many cases I can appear on your behalf; we’ll talk about whether your presence is needed.
Bring Me the Citation and Let’s Count
Genuinely — that’s the first thing I do. I read every count on the citation, check each one against the nineteen in § 21-901.2, and work out which is the weakest. Take that one out and the aggressive driving charge has nothing to stand on.
It’s a more mechanical, more winnable charge than its name suggests. Send me what you were served with.
Toll-free: 1-877-566-2408. Hablamos Español. See how I defend Maryland traffic charges, or read the complete Maryland speeding, reckless and aggressive driving guide.