DRIVER’S LICENSE ISSUES THAT CARRY JAIL TIME

Imagine being stopped by a police officer and not having your driver’s license to show the officer. They have the legal authority to demand your license when pulled over.  If your license is valid as well as not compromised by any restrictions placed on it by the MVA or another state’s motor vehicle authority, you are likely to be charged with only the payable (meaning no jail time involved) misdemeanor of failing to display a license on demand. [If you have an iPhone, consider adding your license to your digital wallet. Information here: https://support.apple.com/en-us/111803]

More serious problems result, however, when there are restrictions on your license—or if you don’t have one at all.

EXPIRED LICENSES

If your license has merely expired, you can be cited for driving on an expired license which is just a payable citation.  But what if your license has been suspended or, worse, revoked?  Such offenses can result in incarceration.

SUSPENDED LICENSES

In Maryland, the law recognizes two levels of suspension for licenses.  The less serious version is sometimes referred to as an administrative suspension.  The MVA administratively suspends licenses belonging to drivers who have failed to complete a court-ordered driver improvement program or to pay child support—as well as for other reasons.  The maximum punishment for this level of driving while suspended is a $500 fine. Even though this offense results in just a fine, and potential points on your record, you must still come to court because it is what as known as a “must appear” offense.

The much more serious version of driving while suspended arises when a person’s license has been suspended due to an accumulation of points and/or convictions—or revoked for the same reason.  A first offense can result in one year of incarceration and/or a fine of $1,000.  If a driver has had a prior conviction for driving on a suspended or revoked license within the last three years, he or she is subject to a maximum two years behind bars. 

The penalties in the statute show just how seriously Maryland’s legislature takes driving on a license with restrictions.  The reason why: If you amassed enough points to have your license suspended or revoked, then you are viewed as a danger to others on the road.

DRIVING WITHOUT A LICENSE

Sometimes, however, drivers don’t even have a license—but, perhaps, only an ID card or a learner’s permit.  Driving without a license carries with it a maximum sentence of 60 days in jail or one year in jail for a subsequent offender.

The best thing a person can do in these cases are to fix as many issues as possible with their license before coming to court.  Pay any fines or child support due or overdue, go to the MVA to apply for a license, attend an alcohol treatment program if one of your prior convictions is for drunk driving, etc.  A judge often likes to see a person who is taking care of the problems that have kept them from being licensed.

For these types of cases, you will need to appear in District Court and face both a prosecutor and a judge.  The prosecutor will likely make you some sort of offer to plead guilty.  You also have the option of having a bench trial, this is where the judge is both the fact finder and the person who determines the sentence.  If you want a jury trial and one of your charges has a potential maximum sentence of more than 90 days, you can ask the judge for a jury trial in Circuit Court. (Praying a jury trial for a traffic offense should be discussed in depth with a lawyer).

DO I NEED A LAWYER?

Anyone can represent themselves pro se, Latin for “in one’s own behalf.”  However, an attorney can help: review evidence in your case, help you evaluate how good the prosecutor’s offer is, negotiate for a better offer, discuss a likely sentence with you, assess and handle evidence according to Maryland rules should the matter go to trial, etc. 

If you are charged with any of these driver’s license offenses, strongly consider legal representation.  Driver’s license violations can carry consequences that affect far more than your driving privileges—they can impact your freedom, your record, and your finances. Having an experienced attorney by your side gives you the best chance to reduce penalties, avoid jail, and move forward. If you’ve been charged, contact us today to discuss your options and protect yourself before you go to court.

Schedule a Consultation