TA 21-901.1: Reckless Driving

In 2025 Maryland lawmakers passed legislation designed to severely increase the potential punishment for driving excessively fast. After much debate, Annapolis officials decided that per Transportation Article 21.901.1 anyone caught going at least 30 mph over the speed limit could face the potential for a jail sentence upon conviction. They also applied the potential jail sentence to the existing reckless driving language, which makes it illegal to drive a motor vehicle in wanton or willful disregard for the safety of persons or property. The statute also includes language that makes it unlawful to driving in a manner that indicates a wanton or willful disregard for the safety of persons or property. While these two sentences sound the same, the addition of the word “indicates” makes it easier for a judge to make an objective determination of recklessness. Willful and wanton disregard requires a high degree of proof, but judges and juries often do not look favorably upon these types of cases. As was always the case, the negligent driving law is also a part of 21-901.1, but lawmakers did not increase the punishment for negligent driving other than upping the amount of the potential fine.
The law is now pretty straightforward that anyone caught going 85 in a 55, 70 in a 40 or 90 in a 60-mph zone can be sentenced to serve jail time. We have sat through dozens of traffic cases where individuals were found guilty of going more than 100 mph, and many judges have stated that if the laws were different, they would have imposed a jail sentence. Unfortunately, this has now become a reality. This also changes the way DUI and DWI cases can be handled, as many police departments write citations for reckless in every DUI arrest. If the defense successfully argues for a reduction to reckless, a jail sentence may still apply. As for the other prongs of reckless driving, it will still be difficult for the State to prove wanton and willful disregard. Out hope is that it is only charged in extreme situations, but we have a feeling police will continue to overcharge this citation.
TA 21-902 is the section related to impaired driving, and includes DUI, DWI and DUI per se. The penalty for DUI remains at up to 1 year for a first offense, and for DWI up to 60 days. As mentioned before many defendants who are arrested for DUI will also see companion citations for reckless and negligent driving regardless of the observed driving pattern. These tickets must not be placed on the backburner now with the increased potential punishment upon conviction.
Just because an officer writes a citation for a speeding ticket does not mean he or she can prove it in court. Police must follow department protocol related to calibration and maintenance of their radar or laser devices and be prepared to prove this in court. Proving speed beyond a reasonable doubt takes more than an officer simply raising his or her hand and stating, “I clocked the driver going 95”. It takes proof, and a good defense will come ready to challenge the officer’s testimony with rules and regulations that are often ignored by police. Challenging willful and wanton disregard comes down to arguing that the State has not provided objective proof the driver was being reckless. There is no law that says failing a roadside sobriety exercise or testing over .08 automatically means the driver is reckless, and this type of accusation must be challenged in court.
Reckless driving carries up to 60 days in jail and a $1,000 fine. Because it now carries jail time, drivers face the possibility of being placed on supervised probation for several years. Reckless driving also carries up to 6 points on a person’s driver’s record. In addition to the jail time, probation and points, reckless driving can have serious consequences for those who have professional licenses, security clearances or pending immigration matters. Reckless driving convictions may also show up on a background check and result in potential employment issues.
Reckless driving under TA 21-901.1 is no longer a minor traffic violation where a person can either pay the ticket and forget about it or show up in court and expect to walk out with a simple fine. Jail and supervised probation are now very real possibilities if the case is not handled correctly. Benjamin Herbst specializes in Maryland reckless driving ticket defense and is available 7 days a week at 410-207-2598.