Quick answer: Reckless driving in Maryland is now a jailable offense. Since the Sergeant Patrick Kepp Act took effect on 1 October 2025, a conviction under Transp. § 21-901.1 carries up to 60 days in jail, a $1,000 fine, and 6 points. And driving 30 mph or more over the limit can now be charged as reckless driving — a speeding stop that used to be a payable ticket can now put you in front of a judge facing jail.
I’m David Waranch. The law here changed recently and hard, and a lot of what’s written online is out of date. Here’s where it actually stands, and how these cases are defended.
What the Kepp Act Changed
The act is named for Montgomery County Police Sergeant Patrick Kepp, who was gravely injured by a driver traveling at extreme speed. It took effect 1 October 2025 and it moved reckless driving from a ticket you could largely handle with money into criminal territory.
- Jail is now on the table. Reckless driving carries up to 60 days in jail alongside the fine — where before, a first offense was realistically a fine.
- 30 mph over = reckless. Driving 30 or more miles per hour above the posted limit can now be charged as reckless driving, not just a speeding ticket. That’s the change most drivers don’t see coming.
- Negligent driving stiffened too — the fine rose to up to $750.
If you were stopped for high-end speeding and handed a reckless driving charge, that is the new law working exactly as intended — and it is why paying or ignoring it is the wrong move.
The Three Charges, and What Separates Them
Reckless, negligent, and aggressive driving get used interchangeably in conversation. In law they are three different offenses with three different penalties — and the gap between them is where a defense lives.
| Charge | The legal test | Points | Jail? |
|---|---|---|---|
| Reckless (§ 21-901.1(a)) | “Wanton or willful disregard” for safety | 6 | Up to 60 days |
| Aggressive (§ 21-901.2) | Three or more listed violations in one continuous drive | 5 | No — fine only |
| Negligent (§ 21-901.1(b)) | “Careless or imprudent” — a lower bar than reckless | 2 | No — fine only |
Read the middle column carefully, because it is the whole case. Reckless requires “wanton or willful disregard” — a high standard, and a subjective one. Negligent requires only carelessness. The distance between “willful disregard” and “careless” is exactly what your lawyer argues, because moving a charge from reckless down to negligent takes it from 6 points and possible jail to 2 points and a fine.
Note where aggressive driving sits: 5 points, but no jail. It requires the State to prove three separate violations in a single continuous period of driving — a genuinely harder thing to prove — which is why it is sometimes a better landing spot than reckless even though the point count is close.
What It Actually Costs You
The fine and the jail exposure are only the front end. A reckless driving conviction reaches further:
- Six points is a lot. At 8 points the MVA can suspend your license; at 12, revoke it. One reckless conviction puts you two-thirds of the way to a suspension — see how Maryland’s point system works.
- It’s a criminal-grade record now. Jail exposure changes how a background check reads and how an employer sees it.
- Insurance. Reckless is among the most heavily surcharged convictions on a driving record, often for years.
- Your job. CDL holders, commercial and rideshare drivers, and anyone with a clearance feel this hardest — six points and a jailable offense is a different conversation with an employer than a speeding ticket.
How I Defend Reckless Driving
These cases turn on a standard — “wanton or willful disregard” — that the State has to actually prove, not just assert. That is more room than it sounds.
- Does the conduct meet the standard? Fast is not automatically reckless, and careless is not willful. The gap between negligent and reckless is where most of these are won or reduced.
- How was the speed measured? On a 30-over charge the number is everything — radar and lidar calibration, the officer’s position, pacing, and margin of error all matter.
- What did the officer actually see? Body-worn and dash camera footage, the vantage point, and whether the report describes specific acts or just conclusions.
- Reduction to negligent driving. The realistic target in many cases — from 6 points and jail exposure to 2 points and a fine.
- Protecting the record. Where conviction is likely, the work shifts to probation before judgment, mitigation, and keeping jail off the table.
When reckless driving rides alongside a DUI, I handle both together — my work as a Maryland DUI lawyer means the two aren’t defended in isolation.
Related Charges
- Negligent driving — the lower charge, and the usual reduction target
- Aggressive driving — the three-violation offense
- Speeding tickets — and when speed becomes reckless
- Failure to yield
- DUI / DWI defense
Counties I Serve
- Anne Arundel County
- Baltimore County
- Charles County
- Frederick County
- Howard County
- Montgomery County
- Prince George’s County
FAQs About Reckless Driving in Maryland
Yes. Since the Sergeant Patrick Kepp Act took effect on October 1, 2025, reckless driving under Transp. § 21-901.1 carries up to 60 days in jail and a $1,000 fine, in addition to 6 points.
Reckless driving is 6 points. Aggressive driving is 5 points, and negligent driving is 2 points.
It can be. Under the Kepp Act, driving 30 or more miles per hour above the posted limit can be charged as reckless driving rather than an ordinary speeding ticket, which means jail and 6 points are on the table.
Reckless driving requires wanton or willful disregard for safety and carries 6 points plus possible jail. Negligent driving requires only careless or imprudent driving and carries 2 points with no jail. Reducing a reckless charge to negligent is a common defense goal.
Often, yes. Because the State must prove wanton or willful disregard, many cases can be reduced to negligent driving, which drops the exposure from 6 points and possible jail to 2 points and a fine. Each case depends on its facts.
Yes. Reckless driving is a must-appear charge — you cannot simply pay a fine, and with jail now possible you should not appear without a lawyer.
Charged With Reckless Driving? Talk to Me First.
Photograph both sides of your citation and send it to me. I’ll tell you whether it’s a reckless charge or a 30-over speeding stop dressed as one, what the State has to prove, whether it can be reduced, and how we keep jail off the table. The consultation is free.
Toll-free 1-877-566-2408. Hablamos Español. Law Offices of David R. Waranch — Maryland traffic and criminal defense.
Last updated: August 2026. Statutory references: Md. Code, Transp. §§ 21-901.1, 21-901.2, 16-402; Sergeant Patrick Kepp Act, effective 1 October 2025. General information, not legal advice for your specific case.