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Maryland Criminal Law: Levels of Criminal Wrongdoing While Driving


Maryland criminal statutes punish motorists with several layers of crime depending on the culpability of the wrongdoing. These levels of criminal wrongdoing are aside from specific types of criminal driving, like driving under the influence, vehicular manslaughter, or murder. If you have been arrested and charged with a motor vehicle crime here in St. Mary’s County, Maryland, you need experienced and dedicated Maryland criminal defense lawyers. Contact us here at the Law Office of Robert Castro. Use our contact page or call us at (301) 870-1200. We are available around the clock, 24/7. We have offices in Waldorf, Maryland.

Negligent driving in Maryland

At the most minor level is negligent driving. Generally, this is a type of wrongful driving that has no criminal or other negative intent. Negligent driving is also typical of the type of driving that leads to accidents on the roads of Charles County, Maryland, for example. Negligent driving creates legal liability for the at-fault driver if an accident occurs and injuries or property damage results.

Even if an accident does NOT occur, negligent driving can result in being “pulled over” by law enforcement officers. Under Maryland’s criminal law, negligent driving is defined as driving “… a motor vehicle in a careless or imprudent manner that endangers any property or the life or person of any individual…” There is no jail time, but a person convicted faces a fine of up to $750. See Md. Trans. Code, §16-402.

Aggressive driving in Maryland

Aggressive driving is also a crime in Maryland. As with the crime of negligent driving, there is no potential jail time if convicted of aggressive driving. Rather, a person convicted faces a fine of up to $1,000. Maryland lawmakers recently made it more difficult to be convicted of aggressive driving by requiring 3 — rather than 2 — specific acts or traffic violations. Aggressive driving is defined as the commission of three of the following “at the same time or during a single and continuous period of driving:”

  • Failure to obey traffic control devices or leaving the roadway to avoid a traffic control device
  • Wrongfully overtaking and passing vehicles
  • Passing on the right
  • Driving left of center in a no-passing zone
  • Driving on laned roadways
  • Following too closely
  • Failure to yield right–of–way or failure to stop for pedestrians in a crosswalk
  • Overtaking and/or passing a vehicle stopped for pedestrians in a crosswalk
  • Overtaking and passing a school bus/vehicle stopped or operating flashing red lights
  • Failure to obey stop and yield signs
  • Overtaking and passing bicycles, mopeds, and/or motor scooters in an unlawful and unsafe manner
  • Exceeding maximum speed limits
  • Skidding, spinning wheels, or otherwise making excessive noise with tires/engine
  • Excessive discharge of diesel smoke emissions
  • Motorcycles passing other vehicles in the same lane or operating between lanes

Reckless driving in Maryland

Maryland also punishes reckless driving. Those convicted face potential jail time of six months and/or a fine of up to $1,000. The definition of reckless driving has been recently amended. Reckless driving is now defined as one of the following:

  • Driving in a wanton or willful disregard for the safety of persons or property
  • Driving in a manner that indicates a wanton or willful disregard for the safety of persons or property, or
  • Driving at a speed of at least 30 miles per hour above the posted speed limit

Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 870-1200. We are Waldorf, MD, Criminal Defense lawyers. Our address is 11701 Central Avenue, Suite 200, Waldorf, MD 20601.

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