Points are often a good thing. Someone with the most points will win a game of baseball, basketball, football, or hockey – you get the idea. But if you score the most points in golf, hearts, or on your driver’s license, you’ll find yourself solidly in the loser’s bracket.
Maryland’s driver’s license points system helps law enforcement recognize and act against risky drivers, who are assessed points after a conviction for a traffic violation. The number of points given depend on the type of violation committed. Here are some examples of how points are doled out:
- One point offenses: Willfully disobeying a police officer, ignoring the direction of a crossing guard, failure to yield the right-of-way at intersection, left-hand turn, or U-turn, failure to obey a flashing traffic signal, driving one to nine miles over the posted speed limit
- Two point offenses: Following two closely, failure to stop at a red light, passing an emergency vehicle with its lights on, and exceeding the posted speed limit by 10-19 miles per hour
- Point traffic violations: Failing to stop for a school vehicle with activated flashing red lights, and driving on a suspended license or failure to appear at trial or pay the fine
- Five point violations: Failure to report an accident that the law requires be reported, driving a motor vehicle on a highway without a license, knowingly allowing an unlicensed driver to operate your vehicle, driving more than 30 miles per hour over the speed limit, going 85-104 mph in a 65 mph zone, and drag racing
- Six point offenses: Reckless driving a vehicle with a wanton and willful disregard for safety of person and property
- Eight point offenses: Driving while impaired by alcohol or drugs, driving within 12 hours of a drunk driving arrest, and failing to stop after an accident involving damages to attended vehicle or property
- Twelve point offenses: Vehicle theft, driver’s license fraud, driving on a suspended or revoked license, driving under the influence of alcohol (DUI)
The Maryland Motor Vehicle Administration (MVA) will review your driving record every time points are added, and take various actions depending on the total number of points you have accumulated during the previous two-year period. Here’s the breakdown:
- 3 to 4 points – You’ll get a warning letter from the MVA.
- 5 to 7 points – You’ll be required to enroll in a Driver Improvement Program (DIP).
- 8 to 11 points – You’ll receive a notice of suspension from the MVA.
- 12 points or more – The MVA will send you a notice of revocation.
Insurance companies and employers can see points on your driving record for three years from the date of the violation. Two years after the violation date, points are no longer considered “current” points, but they will stay on your record until they are officially expunged by the MVA.
What if I get ticketed in another state?
If an Annapolis driver is convicted of a moving violation outside Maryland, the (MVA) might still assess points, even if the infraction occurred outside the state. Some of the offenses committed out-of-state for which points might be assessed in Maryland include:
- Offenses involving alcohol or drugs
- Leaving the scene of an accident that causes personal injury
- A vehicular accident involving homicide or manslaughter
- Using a motor vehicle to commit a felony
If you receive a moving violation, points will be assessed if you pay the citation or are convicted. As a result, your insurance premiums will probably increase, but that might be the last of your worries. There can be additional consequences if you are a new driver, have a provisional license, or are driving on a commercial driver’s license.
The Motor Vehicle Administration hearing
An MVA hearing is a disposition heard in front of the Office of Administrative Hearings (OAH, which is not as formal as a traditional courtroom hearing, as the only authority and decision-maker present is an administrative law judge. There is a time limit on when an MVA hearing can be requested – depending upon your circumstances, you may be required to submit your hearing request within 10 days of receiving your notification letter (for drivers with either a DWI or DUI charge) or the maximum standard of 30 days. You will also be required to pay a $150 filing fee. Once your request is submitted, your hearing will be scheduled in the next four to six weeks.
The purpose of an MVA hearing is to give you a chance to contest the suspension of your license. The administrative judge will weigh your need for a driver’s license against the safety of the general public. Information will be presented by the MVA and arguments in your favor will be made by your attorney. An experienced attorney will work to show that:
- Certain points on your record should be removed or expunged
- The assessment of points is inaccurate
- Why you are entitled to drive on a restricted driver’s license
After considering all the information presented, the administrative judge will come to a decision that same day regarding whether to uphold your license suspension or reinstate your license.
Why you need an Annapolis defense lawyer if you get a traffic violation
Anyone who receives a moving violation in Maryland should speak with a lawyer immediately to determine the best course of action. If you face charges for serious traffic violations that may also be charged as criminal offenses – assault or violence as opposed to lesser misdemeanor charges like drug possession or DUI – retaining an experienced Annapolis criminal defense attorney is essential to help you lower or avoid the consequences of the charges against you. When you work with a skilled traffic violations lawyer like Drew Cochran, you can count on quality legal services that can help you minimize the points on your license, or eliminate them altogether.
I am an experienced Annapolis criminal defense lawyer with a proven track record of positive outcomes in traffic ticket cases, including getting cases dismissed, and negotiating the violations down to less serious charges. My fees are affordable, plus I pick up the phone when you call because you deserve prompt attention and a quality legal defense. If you received a traffic citation, don’t sweat it. Call Drew Cochran, Attorney at Law today or complete my contact form to schedule a free consultation at one of my offices in Annapolis or Ellicott City.
Remember: Keep Calm – and Call Drew!
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