Driving on a Suspended or Revoked License - DUI

Driving on a suspended or revoked license in Maryland could mean significant increase in insurance premiums, a loss of your driving privilege, significant fines and extensive amounts of jail time. Each offense of driving suspended is different and requires the State to prove specific elements. The following are the most commonly charged Driving Suspended and Revoked traffic citations in Maryland:

Driving on a Suspended License (TA 16-303(h))

This particular citation for Driving on a Suspended License in Maryland is punishable by 60 days in a jail, a $500 fine and up to 3 points on your driving record. The state is required to prove that your license was suspended for either failing to appear for a court date or failing to pay a fine to the court after being found guilty or admitting guilt to a criminal or traffic offense.

Driving on a Suspended License (TA 16-303(c))

Driving on a Suspended License under this section is far more serious than TA 16-303(h). It is punishable by 12 months of jail, a $1000 fine and up to 12 points on your driving record. All the State’s Attorney is required to prove is that your license was suspended for anything other than Failing to Appear in Court or Failing to Pay a Fine to the Court. This would include, but is not limited to the following:

  1. License suspended for excessive number of points;
  2. License suspended for an outstanding warrant by a Law Enforcement Agency (LEA flag);
  3. License suspended for failure to pay child support; or
  4. License suspended for failure to attend driver improvement program.

Driving on a Revoked License (TA 16-303(d))

Driving on a Revoked License carries a maximum penalty of 12 months in jail, a $1000 fine and up to 12 points on your driving record. The State is required to prove that, when you were stopped, your license was revoked by the Motor Vehicle administration for excessive amounts of points, failure to complete reinstatement of your license or any other appropriate basis for revocation. A driving revoked conviction can have a far longer lasting effect on your driving record than a driving suspended conviction because it lengthens the amount of time you will be denied the privilege to drive in Maryland.

Driving on Out of State Suspended or Revoked License (TA 16-303(f), 16-303(g) & 16-303(i))

The elements of proof for Driving on an Our of State Suspended or Revoked License are much the same as for a standard Driving suspended or revoked charge. The one significant difference is that the State must produce evidence of the out of state suspension. There is debate over how this can be done in court but most State’s Attorneys, Defense Attorneys and Judges have come to agreement that the State must produce a certified copy of the out of state driving record that demonstrates the suspension, satisfies the State’s notice requirement and assures it was not cleared up prior to the date the Defendant was charged with the offense.

When you receive a citation for Driving Suspended, it’s important to remain calm. Driving Suspended is a serious offense but in many cases, you can do a few simple things to assure you and your attorney are prepared for court.

  1. Pull a copy of your driving record. You can do this at any Motor Vehicle Administration office for a nominal charge ($10 - $15).
  2. Clear up your license if you can. Pay any old tickets, enroll in driver improvement classes you haven’t completed, have your attorney research any outstanding warrants or child support issues that might exits.
  3. Save all receipts and paperwork for your attorney. It becomes extremely helpful in negotiating your case and can often assist him or her in getting your charges dismissed completely.

Traffic court is tricky. The nuances of a Driving Suspended or Revoked charge can often hinge on one or two lines in a multiple-page driving record. An attorney experienced in finding mistakes in the driving record and the specific language of the officer’s citation is invaluable in assuring you the best result on very serious charges.