Federal Reckless Driving

The federal criminal code does not have a specific law that prohibits reckless driving, but this does not mean that federal police officers will not charge this offense. In fact, we continue to see a steady increase in the number of federal reckless driving cases in the Baltimore and Greenbelt federal courthouses. Federal police officers are permitted to charge an individual with a violation of Maryland state law under the Assimilative Crimes Act or ACA. This provision is part of 18 U.S.C. § 13 of the federal criminal code, which basically says federal law can incorporate state criminal laws for use on federal lands when no specific law covers the conduct.

For the first few months after Maryland made reckless driving a crime punishable by up to 60 days in jail the feds would rarely use the ACA to charge it. This is no longer the case as the Park Police are charging reckless driving for incidents occurring on the BW Parkway (295) and the Army police are using it just as often for cases in the vicinity of Fort Meade. Reckless driving under MD TA 21-901.1 is now a serious offense in federal court, but it is much easier to charge than it is to convict. Benjamin Herbst is an experienced federal reckless driving lawyer who has successfully defended numerous drivers in Greenbelt and Baltimore City. He has obtained dismissals and reductions and fight to keep all of his clients out of jail and on the road.

Anyone who is issued a reckless driving charge on federally patrolled lands for traveling 30 MPH or more over the limit will receive a standard citation that will say MA (must appear) on the bottom left. This means that the driver cannot simply pay to close the case. Rather, the Central Violations Bureau (CVB) will mail a court date for an initial appearance at a later date. It could take weeks or months, but a letter will eventually show up. Citations issued by the Park Police will be set for an initial appearance in Greenbelt, though in most cases if the defendant hires an attorney the initial appearance will be waived. Reckless driving tickets issued in the Fort Meade jurisdiction will also be set for an initial appearance, which likely cannot be waived. A trial date will be set at the initial appearance, so the defendant will likely have to appear twice.

The speed limit in most areas of the BW Parkway and MD-32 along Fort Meade is 55 MPH. Annapolis Road (MD-175), which also falls under federal jurisdiction has a speed limit that can be as low as 30 MPH in some areas. This means that a driver going anywhere from 60 to 85 MPH can be charged with a federal crime and be forced to show up in court. If you have been charged with reckless driving under 21-901.1 do not wait until the last minute to retain an attorney. Benjamin Herbst is an experienced federal traffic lawyer who can prepare you with all the necessary steps to obtain the best result on your court date. He can often reduce the amount of mandatory court appearances and can potentially resolve your case without you having to ever set foot in a criminal courtroom. Contact Benjamin anytime for a free consultation at 410-207-2598. Benjamin offers flexible payment plans for state and federal cases and is available 7 days a week to discuss your case. He also handles federal citations for unsafe operation, DUI, driving on suspended license and leaving the scene of an accident, which often accompany reckless driving charges. In addition to Baltimore and Greenbelt, Benjamin has also successfully represented clients at Aberdeen Proving Ground, Joint Base Andrews and Patuxent River.