Driving Revoked, Suspended, or Without a License

In Maryland, there are several different offenses that a person might be charged with for driving without a valid license.   The following information is provided for general information purposes and should not be relied upon for any specific legal situation.  If you have charges related to your license, we recommend that you call David Martella or Raquel Smith for a consultation at 301-251-9001.  Keep in mind that we also have Spanish speaking staff and attorneys.

Driving on a revoked license means that the defendant is accused of driving a motor vehicle in Maryland after the Motor Vehicle Administration (MVA) revoked the driver’s license.   The MVA may revoke a person’s license for a variety of reasons, including when a driver accumulates 12 or more points during a two year period.  Maryland assigns “points” to a driver for committing moving violations.   The number of points assigned will depend on the nature of the violation. For example, a person can obtain one point, two points, or five points for speeding violations, depending on the speed involved.  Leaving the scene of a personal injury accident carries 12 points, as does a DUI conviction.   A conviction for driving on a revoked license also carries 12 points.  When the MVA revokes a person’s license, the MVA will usually send a notice by mail or email advising the person that the license will be revoked unless the person files an appeal within 15 days of the notice. If no appeal is filed or the person loses the appeal, the license will be revoked.

If a person drives in Maryland after a license has been revoked, he or she could be charged with driving while revoked in violation of section 16-303(d) of the Maryland Transportation code. A person convicted of driving on a revoked license can be sentenced to jail for up 12 months for a first offense, and be ordered to pay a fine up to $1,000.   A court may also place the defendant on probation for up to three years in the District Court, and five years in the Circuit Court. A conviction for driving on a revoked license comes with 12 points for Maryland drivers, which can cause the MVA to initiate additional proceedings to revoke the driver’s license anew. Therefore, although a defendant may walk out of court thinking he got a good deal by not going to jail for a driving-revoked conviction, he may be upset one week later when a letter comes in the mail from the MVA telling him that his license is being revoked again because of the new conviction.

A revoked license means that the MVA took away the defendant’s license completely, and the only way to get it back is to reapply for a new license.   This is different from a suspended license, which means that the MVA acknowledges that the defendant still potentially has the right to have a license, and have it reinstated, without having to start the license application process all over again.   A suspended license can often be un-uspended (reinstated) upon the satisfaction of certain conditions, such as, paying unpaid tickets. completing driver improvement programs, satisfying outstanding warrants in court cases, and serving out certain prescribed suspension time periods.

There are various types of charges related to driving on a suspended license.  There are specific charges for driving on a suspended Maryland license, and charges for driving in Maryland on a suspended out-of-state license.     For attorneys who regularly practice in the traffic courts, suspended charges are often divided up into the 12 point version and the 3 point person. 

The 12 point version carries up to a year in jail, and a fine up to $1,000.  It is usually prosecuted when the defendant is caught driving and his or her license is suspended for reasons that are more serious than simply failing to pay a ticket or failing to appear in court for a traffic ticket.    Like driving on a revoked license, a conviction for this offense will often start new suspension or revocation proceedings by the MVA.

The three point version usually applies if the defendant is caught driving with a license that has been suspended because the driver (1) failed to pay a ticket or traffic fine on time, (2) failed to pay child support, (2) failed to appear for a court date, (4) failed to complete a driver improvement class, (5) failed to maintain insurance, (the drive may be charged with a minor version of driving on a suspended license, often referred to as a violation of section 16-303(h) or 16-303(i) of the Maryland Transportation code.   This version does not carry the threat of jail time for a first offense, but can be penalized with a fine of up to $500.  The fine cannot be paid without going to court. It also can result in three points on the driver’s record. 

Driving without a license usually means that the driver was caught driving while having never been issued a license.   It carries up to 60 days in jail, a $500 fine and 5 points on the defendant’s record.   A second or subsequent offense carries up to a year in jail and a $500 fine.

Because all of these charges carry the possibility of points, defendants can often get on what is called the “slippery slope” of MVA suspensions.  Suspensions result in charges, that result in convictions, that result in more points that trigger more, and longer lasting suspensions.    It can often very helpful to work with an attorney to develop a game plan to minimize adverse consequences in court, including seeking a dismissal of the charges, a probation-before-judgment disposition (to avoid points) or a plea to charges that do not carry the possibility of points. If points are imposed that trigger new suspensions, at attorney may be helpful in attending MVA hearings to modify or minimize any imposed suspensions or revocations. Often suspensions and revocations can be modified to allow individuals to keep driving for work, school, or health care purposes.

Very often, officers will charge drivers with all of the above offenses out of abundance of caution because determining what the defendant is actually guilty of can depend on a rather complicated examinations of the defendant’s driving record.   Charging multiple offenses can offer opportunities for a defendant to enter a guilty plea to lesser offenses that may provide significant advantages to the defendant. 

If a person is charged with any of the above offenses, it can often be beneficial to the defendant if he or she can take corrective measures — before the court date — to fix any outstanding suspensions and obtain a valid license.   Such action may help persuade a prosecutor to amend the charges to a lesser offense, or even dismiss the charges.     As with any case, the eventual outcome will depend on a wide variety of factors including, but not limited to, the defendant’s record, the factual allegations, the personality of the prosecutor, the defendant’s history, and arguments that an experienced defense attorney can make to a prosecutor or judge about how the case should be resolved.   Prosecutors are less likely to drop the charges completely if the defendant has a history of suspensions or revocations on his or her driving record, even if those suspensions or revocations did not result in convictions. 

Caution should employed when deciding to accept an offer to resolve such a case from a prosecutor.  For example, a prosecutor may tell defendant that she will drop all of the suspended charges that carry the possibility of jail time in exchange for the defendant  paying one ticket for a moving violation he received in the same event.   However, the defendant may not be aware that the ticket that he is about to pay carries enough points that will cause his license to be suspended or revoked again.

Establishing guilt in court for driving on a suspended license or revoked license requires the State to be able to prove beyond a reasonable doubt that the defendant knew that his or her license was suspended or revoked.   This is often established by introducing into evidence the defendant’s driving record that may show that the MVA mailed notices to the defendant advising the defendant that his or her license would be suspended or revoked.  Knowledge can also be established if the defendant admitted to the stopping officer that he was aware that his license was suspended.   A defendant can also be found to have such knowledge if his driving record indicates so many prior traffic violations and suspensions that the defendant “knew or should have known” that his license was or would be suspended if he failed to pay a ticket.

As indicated above, the elements of each offense are unique. Determining culpability for each offense can be relatively complex process depending. There are many circumstances and potential defense to consider for a client who is charged with these offenses. There are times when prosecutors do not seem to fully understand the difference between each charge. Therefore, it may be important to have the benefit of legal counsel before deciding to resolve such a case. If you find yourself in such a situation, please feel free to call us for a consultation at 301-251-9001.