Quick answer: Negligent driving in Maryland (Md. Code, Transp. § 21-901.1(b)) is the lesser cousin of reckless driving. It carries just 2 points and a modest fine, and it is a payable offense — much less serious than reckless driving, which is a jailable misdemeanor worth 6 points. But “less serious” does not mean “just pay it.” Paying the ticket is a guilty plea that puts a conviction on your record, and a lawyer can often get the charge dismissed or kept off your record entirely with probation before judgment.
I’m David Waranch, and I’ve handled thousands of Maryland traffic cases, including a great many negligent driving charges. If you’ve been cited, here is what the charge actually means and why you have more options than the ticket suggests.
What Is Negligent Driving in Maryland?
Negligent driving is careless driving that falls short of the “wanton or willful” conduct required for reckless driving. It is defined in Md. Code, Transp. § 21-901.1(b):
“A person is guilty of negligent driving if the person drives a motor vehicle in a careless or imprudent manner that endangers any property or the life or person of any individual.”
That is a broad, catch-all standard, which is exactly why officers reach for it so often. You’ll typically see a negligent driving charge when there was a minor accident the officer thinks was your fault, when you were driving erratically, when it’s tacked onto a DUI/DWI stop, or sometimes for no strong reason at all. Because the definition is vague, it is also one of the more defensible charges on the books — “careless” is a judgment call, and the State has to prove it.
How Many Points Is Negligent Driving?
A negligent driving conviction adds 2 points to your Maryland driving record — set by Md. Code, Transp. § 16-402, not the 6 points reckless driving carries. The District Court preset (payable) fine is $350, rising to $390 and 3 points if the negligent driving contributed to an accident. If you take the case to trial and lose, the statutory maximum fine is $750, but there is no possibility of jail. Here is how it lines up against the two charges people confuse it with:
| Charge | Statute | Points | Penalty | Ticket type |
|---|---|---|---|---|
| Negligent driving | § 21-901.1(b) | 2 | $350 preset ($750 max at trial); no jail | Payable |
| Aggressive driving | § 21-901.2 | 5 | Up to $1,000; driver-improvement program | Must appear |
| Reckless driving | § 21-901.1(a) | 6 | Up to $1,000 and up to 60 days in jail | Must appear |
So on the point scale, negligent driving is genuinely at the low end. For context on how points build up and what triggers MVA action, see Maryland’s point system in a nutshell.
Don’t just mail in the $350. Paying a Maryland preset fine is a guilty plea, and it puts a conviction and 2 points on your record for good. Requesting a waiver hearing or a trial costs nothing extra and keeps every better outcome open — dismissal, a fine reduction, or probation before judgment (no conviction, no points). Be aware that at a hearing the judge can also increase the fine, up to a maximum of $500. It’s a trade-off worth making, not a free option — but for most people it’s the right call.
Negligent vs. Reckless Driving: Why the Difference Matters
The gap between these two charges is huge. Reckless driving under § 21-901.1(a) is a criminal misdemeanor: 6 points, a fine up to $1,000, and up to 60 days in jail. Since the Sergeant Patrick Kepp Act took effect on October 1, 2025, driving at least 30 mph over the posted limit is automatically reckless. Negligent driving is none of that — it is a payable civil-style traffic offense with no jail exposure at all.
That difference is why negligent driving is the single most common target for a plea negotiation. When I represent a client charged with both reckless and negligent driving — which happens constantly, because officers often write both — the goal is to get the reckless charge dropped and resolve the case on the negligent count alone. Two points instead of six, no misdemeanor, no jail. If you’re staring at the more serious charge, read will I go to jail for reckless driving in Maryland and the difference between reckless and aggressive driving. A reduction to negligent driving is very often achievable.
Can a Negligent Driving Charge Be Dismissed or Kept Off My Record?
Often, yes. Because “careless or imprudent” is such a subjective standard, the State’s case can be thin — a challenge to the officer’s observations, the stop, or the evidence sometimes ends in a dismissal or a not-guilty finding. When outright dismissal isn’t in the cards, the next best result is probation before judgment (PBJ) under Md. Code, Crim. Proc. § 6-220.
A completed PBJ is not a conviction, so no points hit your license and nothing goes on your record as a guilty finding. Unlike DUI cases, negligent driving carries no 10-year bar on PBJ, so it’s readily available here. That’s the practical reason to fight even a “small” ticket: the disposition, not the fine, is what follows you. A negligent driving conviction is a real conviction; a dismissal or PBJ is not.
Will Negligent Driving Raise My Insurance?
It can. Even though 2 points is modest, a negligent driving conviction is visible to insurers, and a careless-driving mark — especially one tied to an accident — can nudge your premium up at renewal. This is another argument for keeping the charge off your record rather than paying it: a dismissal or PBJ generally gives insurers nothing to rate against. For more on how carriers treat these outcomes, see how insurance companies treat traffic convictions in Maryland, and if you want the bigger picture on payable tickets, payable vs. must-appear tickets in Maryland explains your choices. You can also browse the firm’s speeding, reckless and aggressive driving knowledge hub.
What Should I Do With a Negligent Driving Ticket?
Don’t panic, and don’t reflexively pay it. Negligent driving is a common, defensible charge, but the version of it that hurts your record is the one you pay without a second thought. Before the 30-day deadline runs, talk to a lawyer about requesting a waiver hearing or a trial. In many cases I can appear for you and work toward a dismissal, a reduction, or a PBJ so the charge never becomes a conviction. Call me and we’ll figure out the right move for your situation.
Negligent driving under Transp. Section 21-901.1(b) carries 2 points, not the 6 points of reckless driving. If the negligent driving contributed to an accident, it is 3 points.
No. Paying the preset fine (about $350) is a guilty plea that puts a conviction and 2 points on your record. Requesting a waiver hearing or trial keeps dismissal, a fine reduction, or probation before judgment on the table.
No. Negligent driving is far less serious. Reckless driving is a criminal misdemeanor with 6 points and up to 60 days in jail, while negligent driving is a payable offense with 2 points and no jail. Reckless charges are often reduced to negligent driving.
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. §§ 21-901.1, 21-901.2, 16-402; Md. Code, 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.