January 14, 2009

Driving While Suspended- What to do Prior to your Court Date

Driving on a Suspended License is one of the most common charges that causes people to appear in the District Court in Maryland. I appear as a criminal defense attorney almost on a daily bases in these cases. Many first offenders are surprised to find out that a person can actually go to jail for driving while suspended, even if suspended for what seems to be a relatively minor reason. Before I get into what a person should do prior to court if they are charged with driving while suspended in Maryland, let me first describe the most common reasons why a person's license might be suspended and the penalties associated with each type.

By far the most common reason that a person may end up having his license suspended is for failure to appear in the District Court for a minor traffic violation. Anyone who has ever been to minor traffic court knows that many people fail to appear for their court date. When someone fails to appear in court, even for something as minor as a seat belt ticket, the Motor Vehicle Administration is notified and the person's license is suspended. In Maryland the maximum penalty for driving while suspended for this reason is 60 days in jail and a fine of $500. A person's license can also be suspended for failing to pay a fine or failing to appear in court for a ticket received in another state. This did not used to be the case. It used to be that the person's privilege would only be suspended in the state in which that person failed to pay the fine. Today under what is known as the Interstate Compact, the state in which the person is licensed will be notified of the failure to pay the fine or of the failure to appear in court by the state where the violation occurred and the person's license is suspended.

Continue reading "Driving While Suspended- What to do Prior to your Court Date" »

Bookmark and Share

July 22, 2008

Maryland DUI/DWI Attorney on proof of notice requirement in Driving While Suspended or Driving While Revoked cases

As a Maryland DUI/DWI Attorney I represent many individuals who receive a DUI or DWI and as a result have to deal with a suspension or revocation of their privilege to drive, although this is certainly not the only reason why the MVA would suspend one's license.

When a person receives a DUI or DWI in Maryland, that person faces two possible suspensions of his or her driver's license. The person will first face a suspension of his driver's license, depending upon whether or not he took the breathalyzer. The defendant will also face suspension if he is ultimately convicted of the DUI or DWI when the matters proceeds to court. In addition to suspensions resulting from DWI's and DUI's a person may have his license suspended for several other reasons. By far the most frequent cause of a license suspension is that a person fails to appear in court for a minor traffic citation or fails to pay the fine after appearing. These so called "H" violations make up the vast majority of suspended license cases. A person may also have his privilege suspended or revoked due to an accumulation of points, for not paying child support, for receiving three moving violations within a a six month period, and for several other reasons.

Continue reading "Maryland DUI/DWI Attorney on proof of notice requirement in Driving While Suspended or Driving While Revoked cases" »

Bookmark and Share