Out-of-State Drivers and Maryland Speeding Tickets: What You Need to Know

Drivers from the District of Columbia and other states face multiple concerns if they are charged with a speeding ticket in Maryland. The first concern is how a Maryland conviction will affect their right to drive in Maryland and the fines and penalties they may face. A second concern is whether Maryland will notify their home state of the speeding ticket and how that notification may affect their driving privileges.

The consequences of a speeding conviction in Maryland and other locations include:

• The payment of a fine
• Points are added to your driving record, depending on how much over the speed limit you’re traveling
• Your license could be suspended or revoked if you accumulate too many points due to other traffic offenses
• Increased insurance premiums when your insurance carrier discovers your speeding offense or the inability to obtain car insurance if you don’t already have insurance

What is the Driver License Compact?

The Driver License Compact is an interstate agreement. The jurisdictions (the District of Columbia and 46 states) that are members of the compact agree to exchange traffic violation and license suspension information of non-resident drivers with the driver’s home residence (state or DC). The home state/DC then treats the violations as if the violation occurred locally, with some exceptions in the application of state assignment of points or penalties.

This means that the home state can treat a conviction of a Maryland speeding offense the same as the state/DC would treat the offense as if it had happened in DC, VA, or any other location that is a member of the compact. The home state may then use its own laws and regulations to determine:

• The number of points to assess
• The suspension or revocation of a driver’s license
• Other driving consequences

Generally, the compact does not apply to “non-moving violations like parking tickets, tinted windows, loud exhaust, etc.”

If you have a commercial driver’s license, you could lose the ability to earn a living if your license is suspended or revoked. Teenagers can lose their driving privileges after just one serious ticket.

What out-of-state drivers need to know about Maryland speeding tickets

Drivers must present their defenses at a hearing in Maryland. Their case can be decided according to the traffic or criminal laws of Maryland and Maryland’s rules of criminal and civil procedure. Out-of-state residents should consult with an experienced speeding ticket lawyer to present their strongest defense to Maryland traffic (a speeding ticket or any other traffic violation) or criminal charges (DUI/DWI and other charges).

If you live in another state or Washington DC, a skilled Maryland traffic ticket lawyer can review the following factors:

• Is the traffic ticket a “must appear” offense? Some offenses can be handled just by paying the ticket (if the driver doesn’t want to contest the ticket). Other offenses do require that the driver appear in court (whether the driver wants to pay the ticket or contest the ticket), which can be problematic for out-of-state drivers. A failure to appear for certain offenses can result in a warrant for the driver’s arrest, criminal charges, jail time, and fines.
• The need to respond to the ticket. The driver needs to either pay the fine, request a waiver hearing (a hearing before a judge where you plead guilty but ask for leniency), or request a trial date. Our lawyer helps out-of-state drivers decide the proper response and the steps they need to take to comply.
• Eligibility for Probation Before Judgment. You plead guilty or “no contest.” The judge puts your case on hold for a specific probationary period. If you stay clean for that period, the speeding ticket charge is dropped. I’ll explain if you’re eligible based on factors like your prior driving history.

Maryland drivers will normally receive a traffic citation at the time of the offense if a police officer writes the citation. For camera speeding tickets, the Maryland DMV will send the ticket to the out-of-state address of the registered owner of the vehicle by using the driver’s license plate and conducting an appropriate search.

If a driver pays their ticket in Maryland, their home state can receive a notice of the payment. If the ticket is not paid, the home state may receive notice that a payment is due. If there is a conviction, the home state will get notice of the conviction.

What are the defenses to a speeding ticket in Maryland?

Drew Cochran, Attorney at Law, will assert the legal and factual defenses that give you the best chance to obtain a dismissal, an acquittal, or a plea reduction to a less serious charge (such as reducing the number of miles per hour over the speed limit which can reduce your ultimate point total) for a speeding ticket.

In Maryland, drivers can be charged with speeding if they exceed a posted speed limit, drive too fast for weather or traffic conditions (even if they’re going less than the posted speed limit), speeding in a work zone, speeding more than 20 mph over the posted speed limit, and reckless driving.

These defenses include:

• The issuance of the citation has a procedural defect, such as not including the correct information about you or the offense.
• The radar equipment or camera equipment was not properly calibrated.
• You were not driving the car at the time of the ticket.
• You had a reasonable basis for speeding, such as to avoid an emergency or due to a medical emergency. However, this rarely applies as it’s only relevant when no legal alternative exists.
• The speed limit was not properly posted.

Please call us or complete our contact form to schedule a consultation. We conduct consultations by phone and through online video platforms like Zoom. Maryland criminal defense attorney Drew Cochran has more than 25 years of experience defending drivers from speeding tickets, drunk driving charges, and other driving offenses.

“And remember — Keep Calm, and Call Drew.”