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Driving Refused, Canceled, Suspended or Revoked in Maryland

Baltimore traffic lawyer

Four of the most common must appear traffic tickets issued in Maryland are:

  • Refused License  – driving with a refused licensed in Maryland
  • Canceled License – driving with a canceled license in Maryland
  • Suspended License – driving with a suspended license in Maryland
  • Revoked License – driving with a revoked license in Maryland

All four of these tickets are called “must appear” tickets, which means the driver must appear in Court to answer the charges. Since each type of ticket carries the possibility of jail time and fines, the appearance is mandatory.

Attorney Randolph Rice is a Maryland traffic ticket lawyer and has defended thousands of clients charged with driving refused, canceled, suspended and revoked in Maryland. If you’ve been charged, contact the office today to schedule a consultation.

In this post, we’re going to cover each charge, the penalties and consequences of a conviction and probation before judgment.

Driving Refused in Maryland

What is the crime driving refused in Maryland

Driving with or on a refused license is illegal in Maryland. A person may not drive a motor vehicle on a highway or any property defined by Maryland Transportation Article 21-101.1 (See definition below) is their license is suspended in Maryland or another State.

Penalty for Driving Refused in Maryland

The penalty for driving refused in Maryland is a $1000 fine and/or 1 year in jail for a first conviction. A second or subsequent conviction for driving refused in Maryland, the maximum penalty is a $1000 fine and/or 2 years in jail.

Driving Canceled in Maryland

Driving canceled in Maryland is defined by Maryland Transportation Article 11-107 as:

““Cancel”, as used in reference to a driver’s license issued under Title 16 of this article, means to annul or terminate, by formal action of the Administration, an individual’s driver’s license because of some error or defect in the license or because the individual no longer is entitled to the license, but without prejudice to the right of the individual to apply for a new driver’s license at any time.”

What is the crimes driving canceled in Maryland

A person in not allowed to drive a motor vehicle on any highway or other property as defined by Maryland Transportation Article 21-101.1 (See definition below) is that person’s license or privilege to drive is canceled.

Penalty for Driving Canceled in Maryland

The penalty for a first offense or driving canceled in Maryland is a $1000 fine and/or 1 year in jail. For a second or subsequent conviction or driving with a canceled license in Maryland, the maximum penalty is a $1000 fine and/or 2 years in jail.

Driving Suspended in Maryland

Driving with a suspended license or suspended privilege in Maryland has two different forms. They are typically defined as an “H” violation and a “C” violation. An “H” violation is less severe than a “C” violation.

Suspended in Maryland is defined by Maryland Transportation Article 11-164 and states:

““Suspend”, as used in reference to any license to drive a vehicle, means to withdraw temporarily, by formal action of the Administration, an individual’s license to drive a motor vehicle on highways in this State, but only for a period specifically designated by the Administration.”

What is the crime driving suspended in Maryland

A person may not driving on a suspended Maryland license or suspended out of State license in Maryland. This prohibits driving suspended on any highway or other property as defined by Maryland Transportation 21.101.1 (see definition below)

The police officer or law enforcement officer will typically charge both the “H” violation and the “C” violation out of caution for when the case comes to trial.

16-303(c) vs. 16-303(h) – What’s the difference

16-303(c) states that a person may not drive a motor vehicle on a highway or other property while the person’s license or privilege to drive is suspended. 16-303(h) also prohibits driving with a suspended license, but addresses why the license is suspended. The 16-303(h) can be proved and will be charged with a person’s license or privilege to drive is suspended because of the following reasons:

  1. If the owner of a vehicle fails to surrender evidence or registration after the required security lapses for the vehicle. In other words, if the driver fails to have insurance for their vehicle and fails to take action and the MVA notifies the driver to turn on that registration. If the owner does not turn in the evidence, then the MVA can suspend their driver’s license.
  2. Failing to pay a fine with the District Court or Circuit Court
  3. If a person fails to comply with a notice to appear in U.S. District Court
  4. If a person fined under the Maryland Vehicle Law or under any federal traffic law or regulation for a violation occurring in Maryland does not pay the fine

Penalty for Driving Suspended in Maryland

The penalty for driving suspended in Maryland varies depending on the section charged. If charged with 16-303(c), a first conviction can result in a $1000 fine and/or 1 year in jail. A 2nd or subsequent conviction of 16-303(c) can result in a fine of $1000 and/or 2 years in jail.

If convicted of 16-303(h) driving suspended, the penalty is a $500 fine and/or a 60 days in jail.

There is also section 16-303(i), driving on a suspended out-of-state-license. The penalty is the same as 16-303(h), a fine of $500 and/or jail time of 60 days.

Driving Revoked in Maryland

Driving revoked in Maryland is defined by Maryland Transportation Article 11-150 as:

““Revoke”, as used in reference to any license to drive a vehicle, means to terminate, by formal action of the Administration, an individual’s license to drive a motor vehicle on highways in this State. “

What is the crime of driving revoked in Maryland

In Maryland, a person may not drive a motor vehicle on any highway or other property as defined in Maryland Transportation Article 21-101.1 (See definition below) while the person’ license issued by either Maryland or other State is revoked.

Penalty for Driving Revoked in Maryland

There are two sections under the traffic code that a driver could be charged with driving revoked. The penalty for a first offense driving revoked in Maryland is a $1000 fine and/or 1 year in jail. The penalty for a second or subsequent conviction for driving revoked in Maryland is a $1000 fine and/or 2 years in jail.

Other Penalties for Driving Refused, Canceled, Suspended or Revoked in Maryland

In addition to jail and fines for driving refused, canceled, suspended or revoked in Maryland, the Judge can imposed additional sanctions. Those sanctions or penalties can include:

  • Court costs
  • Probation – supervised or unsupervised
  • Requirement to attend school or work
  • Getting permission before changing your home address or leaving the State
  • Not allowed to possess CDS or drugs
  • Prohibited from possessing firearms
  • Home visits
  • Community service
  • Driver Improvement classes
  • Ignition Interlock
  • Supervision fees during the probation
  • Alcohol restrictions on the driver’s license
  • Another of the standard or special conditions of probation.

What is Maryland Transportation Article 21-101.1

Not all property is subject to the Maryland Transportation laws. In addition to all highways in Maryland, the law also apply to individuals driving or attempting to drive on other types of property. Maryland Transportation Article 21-101.1 states:

“§21–101.1.
(a)   The provisions of this title relating to the driving of vehicles refer only to the driving of vehicles on highways, except:
(1)   As provided in subsection (b) of this section; and
(2)   Where a different or additional place specifically is provided for.
(b)    (1)   A person may not drive a motor vehicle in violation of any provision of this title on any private property that is used by the public in general, or, in Calvert County, on any private road located within a residential subdivision or community.
(2)   A person may not drive a motor vehicle in violation of any provision of this title on any property that is owned by or under the control of this State or any of its political subdivisions, county boards of education, or community colleges and that is open to vehicular traffic and used by the public in general.
(3)   Any person who violates any provision of this subsection is in violation of the law to the same extent and is subject to the same penalty as if the motor vehicle were driven on a highway.”
So that is confusing, to break it down, here are the properties that are included with highways in Maryland:
  1. Private property that is used by the general public;
  2. In Calvert County, any private road within a subdivision or community;
  3. Property controlled by the State or any political subdivision, such as a county or city.

Points for Driving Refused, Canceled, Suspended or Revoked in Maryland

Lawyer for Driving Refused, Canceled, Suspended or Revoked in Maryland

The Law Offices of Randolph Rice has successfully defended thousands of clients charged with driving refused, canceled, suspended and revoked in Maryland. Mr. Rice is a former Assistant State’s Attorney and Ranked by Super Lawyers, Avvo 10 out 10 Superb lawyer and Lead Counsel.

Contact the office today to schedule a consultation and discuss your traffic charges in Maryland.

Maryland Driving Refused, Canceled, Suspended or Revoked Cases in Maryland

Here are some of the most commonly used case law in Maryland from the Court of Appeals and Court of Special Appeals as it pertains to driving refused, canceled, suspended or revoked in Maryland:

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