Reckless driving now carries the possibility of jail time under Maryland law, which means thousands of drivers could potentially face severe criminal consequences for a conviction under Transportation Article 21-901.1. Reckless driving had for years been one of the most overcharged crimes in the state, as police had a tendency to charge it when they were frustrated or angry with a driver. Some police departments were known for slapping reckless charges on every DUI case they wrote, regardless of the actual driving pattern. Almost all of these reckless tickets ended up getting dropped in court with competent representation, but recent changes to the law make it much easier for the State to prove its case now. This means once tickets frivolous reckless driving tickets now have a chance to hold up in court, and the consequences can be extreme.
Reckless driving is classified under the transportation section of the Maryland laws, rather than under the criminal laws section. This can create some confusion, but it is a misdemeanor, and a conviction can result in a person having a record due to the fact that many other states classify this offense as a crime. Reckless driving now carries up to 60 days in jail and a fine of up to $1,000 upon conviction, and can also result in driver license suspensions that will severely impact a person’s ability to live a normal life. A conviction carries up to 6 points, which will trigger mandatory driver improvement requirements. Contact a criminal defense lawyer for a detailed explanation of the possible consequences that this citation may carry.
Maryland law defines reckless driving as driving a motor vehicle with a willful or wanton disregard for the safety of persons or property. The law also states that a person may be guilty if he or she drives in a manner that indicates a willful or wanton disregard for the safety of persons or property. This second sentence may seem repetitive, but it does serve a purpose in taking out the intent factor for the crime. In other words, you could be in perfect control of your car and minding your own business, but if a police officer or another driver thinks you are placing them in danger, you could be charged with this citation. Thus the law can be highly subjective. What is not subjective is the new provision that allows a cop to charge reckless if a person's speed is 30 mph or more over the speed limit. The Maryland law now falls in line with the notorious driving laws in Virginia. Reckless driving is no longer a companion citation with little chance to hold up in trial. An experienced traffic lawyer understands that the opinion of a police officer can often be the only evidence in a case, and therefore it is highly important for a lawyer to develop a firm line of cross examination questions for that police officer. Benjamin Herbst has won won reckless numerous reckless driving trials, and is prepared to win your case.
The state reckless law also includes negligent driving, which is defined as driving in a careless or imprudent manner that endangers the life or property of a person. Negligent driving carries a fine of up to $750 and 1 point on a driving record. The words that are used to define reckless driving and negligent driving are extremely general, and leave much open to interpretation. Typically, the cases that we have seen include driving patterns such as following too closely, erratic lane changing or weaving, driving on the shoulder, and passing another car in an area where passing is prohibited. Police have also been known to write tickets if a person accelerates too quickly and leaves skid marks on the road. Starting in October of 2025 we will now see numerous reckless driving tickets issued where the only allegation is driving 30 mph or more over the speed limit. This puts the power to incarcerate a person for speeding in the hands of prosecutors and judges, so do not take this charge lightly. Benjamin Herbst is available anytime for a free consultation about your reckless driving citation and he handles cases in every Maryland county as well as federal court.