Legal Question in Traffic Law in Maryland

I was cited for driving with expired registration and no insurance. The officer did not arrest me stating that it was because I have a good driving record. However, I do have to go to court regarding driving w/o insurance. The circumstances are that I have been unemployed since July 2010. I was desperately trying to get to a job interview on the morning I was stopped. I told the officer the circumstances and he expalined he could arrest me but was not going to because of the above. My questions are: what is the usual penalty for this offense? I have no previous record of driving while uninsured. I am seeking legal counsel from a public defender (again, no money) but I'd like to know what in addition to the truth is my best defense. I have never let my insurance lapse at any time while I was employed.


Asked on 3/12/11, 11:05 am

2 Answers from Attorneys

Alberto Halphen, Esq. Halphen Law Firm

It is a good thing that you did not have an accident. In Maryland, the MVA is very serious about uninsured drivers and the truth is always your best defense, although in this instance, it will probably not help you. Having no job or forgetting to renew your insurance will be seen as the same. The officer did not have the power to arrest you unless you lied about the insurance and/or presented fake papers.

The following penalties can be imposed by the MVA on an uninsured motorist in Maryland:

* Loss of license plates privileges.

* Automatic loss of vehicle registration.

* Pay uninsured motorist penalty fees for each lapse of insurance - $150 for the first 30 days, $7 for each day thereafter.

* Pay a restoration fee of $30 for a vehicle's registration.

* Be prohibited from registering any future vehicles until all insurance violations are cleared.

* Have license plates confiscated.

* Pay a fine of up to $1,000 and/or 1 year imprisonment if provided false evidence of insurance.

* 5 point violation to be cited.

I would expect them to assesss all the monetary damages I descibed above but the judge might be lenient in enforcing the 5 points.

My advice is to get insurance immediately; you can easily purchase it through the internet and print proof of insurance. Then, go to your local MVA office and pay the fees immediately so you can keep driving. If you cannot pay for that, then at least return your plates to the MVA to avoid the $7 per day additional penalty.

See:

http://www.mva.maryland.gov

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Answered on 3/12/11, 12:34 pm
William Welch William L. Welch, III Attorney

Get the vehicle in compliance with registration and insurance requirements and document it. Judges vary, but most will offer probation before judgement if you are then in compliance.

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Answered on 3/12/11, 3:58 pm


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