Driving without a license in Maryland
What is the penalty for driving without a license in Baltimore MD?
The penalty for driving without a license in Maryland is 60 days in jail and/or a $500 fine. For a second or subsequent conviction of driving without a license, the maximum penalty is 1 year in jail and/or a $500 fine. The Judge can also place you on probation, order you to pay Court costs and fines, complete community service and order you to obtain your license.
The increased penalties went into affect on October 1, 2006. Prior to that date, driving without a license was a payable ticket. Therefore, if you were ticketed for driving without a license in Maryland after October 1, 2006, then you are subject to jail time.
What is driving without a license in Maryland?
Driving without a license in Maryland can be charged when an individual drives or attempt to drive a motor vehicle on any highway in this State and that individual does not holds a driver’s license issued under the Maryland laws. The police officer can also charge a driver is the driver has not been expressly exempt from the licensing requirements of the Maryland laws. Or the driver has not been specifically authorized by Maryland laws to drive vehicles of the class that the individual is driving or attempting to drive.
Do I need a license to drive a Moped or Motor Scooter in Baltimore Maryland?
Maryland law states that each individual operating on any highway in this State a moped, as defined in §11-134.1 (see below for the definition) of this article or a motor scooter, as defined in § 11-134.5 (see below for definition) of this article, shall have with the driver a driver’s license issued to the individual under Maryland laws and which license may be of any class issued by the MVA. If the driver is a nonresident of this State, a license to drive issued to the driver by the state or country of the individual’s residence for which the license may be for any class of vehicle; or a moped operator’s permit issued to the individual under this subtitle.
Maryland Transportation Article 11-134.1
Defined Term: Moped
- “Moped” means a bicycle that:
- Is designed to be operated by human power with the assistance of a motor;
- Is equipped with pedals that mechanically drive the rear wheel or wheels;
- Has two or three wheels, of which one is more than 14 inches in diameter; and
- Has a motor with a rating of 1.5 brake horsepower or less and, if the motor is an internal combustion engine, a capacity of 50 cubic centimeters piston displacement or less.
- “Moped” does not include an electric bicycle.
Maryland Transportation Article 11-1345.5
Defined Term: Motor scooter
- “Motor scooter” means a nonpedal vehicle that:
- Has a seat for the operator;
- With two wheels, of which one is 10 inches or more in diameter;
- A step-through chassis;
- Has a motor: (i) With a rating of 2.7 brake horsepower or less; or (ii) If the motor is an internal combustion engine, with a capacity of 50 cubic centimeters piston displacement or less; and
- Is equipped with an automatic transmission.
- “Motor scooter” does not include a vehicle that has been manufactured for off-road use, including a motorcycle and an all-terrain vehicle.
What is the Maryland driving without a license Statute?
The Maryland driving without a license law can be found in the Maryland Transportation article 16-101. The statute defining the penalty for driving without a license in Maryland can be found in Maryland Transportation article 27-101(y).
Will I receive points for driving without a license?
If you are found guilty of driving without a license in Maryland then you will receive the following points on your Maryland driving record:
- Driving Without A License: 5 MVA points
- Operating a (moped, motor scooter) without a license or permit: 5 MVA points
- Person driving without required license class: 2 MVA points
Will I get points if I receive a PBJ (probation before judgment)?
No, you will not be assessed points by the MVA if you receive a PBJ (probation before judgment) in your driving without a license case.
What Should I do if I Received a Driving Without a Licence Ticket in Maryland?
The first thing you should do is consult a lawyer as to the best course of action to take. You should also attempt to obtain your license. Appearing in Court without a lawyer could be a gamble. There are a number of Judges and prosecutors in Maryland that will ask for and seek jail in driving without a license cases.
Baltimore Driving without a License Lawyers
The smartest, savviest, and most cost effective solution to a traffic ticket problem is to hire an experienced Maryland traffic attorney to fight on your behalf. Having a lawyer handle your ticket can keep your fines to a minimum, your insurance premiums low, and your driving record clean. Traffic tickets impact your insurance premiums, and your right to have a driver’s license, for many years. Call the Law Offices of Randolph Rice today at 410.288.2900 to discuss your case and schedule a free consultation.
Additional Resources & Case Law
State of Maryland v. Christopher Carl Sullivan – The Court in this case had to determine if the Court of Special Appeals erred in concluding that one does not have a privilege to drive if one has never been issued a driver’s license and does not qualify to drive pursuant to any statutory exemption from the license requirement.
Robert White v. State of Maryland – The issue in this case was whether the was evidence sufficient to convict appellant of driving on a suspended license when the license had expired?