TA 16-303: Driving on Suspended License

1. Definition and Elements of the Crime

Maryland has strict law regarding driving on a suspended or revoked licenses. Transportation Code Section 16-303 governs all situations where a person is pulled over and found to be driving while canceled, suspended, refused or revoked. The elements of the crime are pretty straight forward, as the State would be required to prove the person was driving a motor vehicle, he or she once had a license and that license is now suspended, revoked or cancelled. Driving on a suspended license does not apply to those who have never had a license. 16-303 covers Maryland licenses and out-of-state licenses. Anyone who is pulled over for this offense will receive a citation and if there is no licensed driver present the police may decide to tow the car.

2. Examples

Any time a person is pulled over for a traffic violation the police will first run the vehicle’s history to make sure the car is not stolen or that the owner does not have an outstanding arrest warrant. Upon approach to the vehicle the officer will request the driver’s license and then run it through a state or national database. If the license comes up as suspended the driver will typically receive several citations including 16-303(c), which is the most common suspended license violation. Out-of-state drivers who are suspended will receive a citation under 16-303(f) and those who are revoked with receive a ticket for 16-303(d). Maryland drivers will also commonly receive an additional citation for 16-303(h), which is the relatively new section of the law that does not carry jail time. Police will also commonly write a citation for driving without a license under 16-101 in addition to the moving violation that was the cause for the stop.

3. Related Offenses

Driving without a license under 16-101 is the most common related offense to driving on suspended, and it is common practice for police to issue this citation whenever they issue a suspended license ticket. Driving without a license carries a maximum penalty of up to 60 days in jail, which means there is no jury trial right. Prosecutors will occasionally dismiss the ticket for driving on suspended so that the defendant cannot request a jury trial and obtain a postponement.

4. Defenses

A police officer cannot pull a person over simply because the owner of a particular car has a suspended license. If police conduct a traffic stop based on a hunch that the driver is suspended a good lawyer should be able to have the entire case dismissed. An officer can potentially testify that he or she personally identified the driver, but this would be a stretch in cases where there the observation was performed on a moving vehicle. A lawyer may also be able to argue for a dismissal by establishing that the driver did not have knowledge of the suspension. It is not a legal defense that the driver fixed the suspension shortly after the stop, but it still goes a long way in arguing for a dismissal or reduction if the license is valid.

5. Penalties

Driving on a suspended license under 16-303 (c), (d) and (f) carries up to 1 year in jail for a first offense and up to 2 years in prison for a second or subsequent offense committed within 3 years of the prior conviction. The State would have to notify the defendant if enhanced penalties are being sought. A conviction under any of these sections carries 12 points and an automatic revocation. Driving on suspended under 16-303(h) carries a fine of up to $500 and 3 points upon conviction. The (h) version carries a mandatory court appearance despite not carrying jail time.

6. Criminal Defense for Driving on a Suspended License

Benjamin Herbst has successfully represented hundreds of individuals for driving on a suspended license and is standing by to offer a free consultation at 410-207-2598. He handles federal and state suspended license cases and provides flexible payment plans for all citations.