How Does Maryland Define Reckless Driving?
Maryland Transportation Article § 21-901.1 defines reckless driving and negligent driving in the same section. A person is guilty of reckless driving if the person drives a motor vehicle in wanton or willful disregard for the safety of persons or property, in a manner that indicates a wanton or willful disregard for the safety of persons or property, or at a speed at least 30 miles per hour above the posted speed limit. The 30-mile-per-hour-over provision creates a per se form of reckless driving that does not require separate proof of wanton or willful disregard. Reckless driving is a misdemeanor. The maximum penalty is 60 days in prison and a $1,000 fine. A conviction carries 6 points.
How Does Maryland Define Negligent Driving?
A person is guilty of negligent driving if the person drives a motor vehicle in a careless or imprudent manner that endangers any property or the life or person of any individual. Negligent driving focuses on a failure to exercise reasonable care rather than on conscious disregard. The maximum penalty is a fine not exceeding $750. There is no jail exposure. A conviction generally carries 1 to 3 points, depending on the circumstances. Negligent driving is often charged as a reduced offense when the State cannot prove the higher mental state required for reckless driving.
What Is the Key Difference?
The key difference is the level of culpability. Reckless driving requires wanton or willful disregard, or driving 30 miles per hour or more over the posted limit. Negligent driving requires only careless or imprudent driving that endangers persons or property. Because the maximum penalty for reckless driving exceeds 90 days is not the issue—the maximum is 60 days—the charge is still a must-appear misdemeanor. Negligent driving is typically a payable offense, although it can be contested in court. The number of points and the potential for incarceration are substantially higher for reckless driving.
Where Are These Cases Heard in Baltimore County?
Reckless driving is a must-appear traffic offense. Cases begin in District Court in Towson, Essex, or Catonsville, depending on the location of the stop. Because the maximum penalty is 60 days, the case generally remains in District Court unless other charges with higher maximum penalties are joined. Negligent driving may be resolved by paying the fine or by contesting the charge in the same District Court. The outcome of the case determines whether points are assessed and whether the driver faces any period of incarceration.
Common Issues in These Cases
Common issues include whether the driver’s speed was 30 miles per hour or more over the limit, whether the manner of driving demonstrated wanton or willful disregard, and whether the conduct merely amounted to carelessness. Radar or lidar readings, dash-camera or body-worn camera footage, and the officer’s observations are often central. The State must prove each element of the charged offense beyond a reasonable doubt. A reduction from reckless driving to negligent driving can significantly reduce both the points and the maximum penalty.
What to Do If You Are Charged
If you are charged with reckless driving in Baltimore County, the citation will show which District Court location was assigned. Shepard Law represents clients in these cases in Towson, Essex, and Catonsville. Call (410) 648-4008 to schedule a free, confidential consultation. Criminal defense lawyer Stephen P. Shepard can review the facts and explain the difference between the two charges.
The maximum penalty under Transportation Article § 21-901.1 is 60 days in prison and a $1,000 fine.
The maximum penalty is a fine not exceeding $750. There is no jail exposure.
A reckless driving conviction carries 6 points.
Reckless driving requires wanton or willful disregard (or driving 30 mph or more over the limit). Negligent driving requires only careless or imprudent driving that endangers persons or property.
Yes. Reckless driving is a must-appear misdemeanor in District Court.
