Last Updated: 05.04.2020
We’re starting a new series of posts here at your favorite Baltimore Criminal Defense firm, “Traffic Lawyer Series” where we break down the exact charges you may face and what the State must prove for you to be guilty. First up, Driving without a license.
Driving without a license
16-101 Driving Without a License
Under Maryland Transportation Article 16-101, you are guilty of Driving Without a License if you drive or attempt to drive a motor vehicle on any highway in Maryland unless: (1) You have a driver’s license; (2) You are expressly exempt from the licensing requirements; or (3) You are otherwise specifically authorized to drive vehicles of the class that you are driving or attempting to drive. The penalty for Driving Without a License, with or without an accident, is 5 points and you must appear in court where you face 60 days in jail.
Mopeds
According to the same statute, you can be found guilty of Operating a Moped/Motor Scooter Without a License. A Moped is defined as a bicycle that: (1) Is designed to be operated by human power with the assistance of a motor; (2) Is equipped with pedals that mechanically drive the rear wheel or wheels; (3) Has two or three wheels, of which one is more than 14 inches in diameter; and (4) 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. A Motor Scooter is
Fake ID’s don’t count as a driver’s license
defined as a non-pedal vehicle that: (1) Has a seat for the operator; (2) Has two wheels, of which one is 10 inches or more in diameter; (3) Has a step-through chassis; (4) Has a motor with a rating of 2.7 brake horsepower or less; or if the motor is an internal combustion engine, with a capacity of 50 cubic centimeters piston displacement or less; and (5) Is equipped with an automatic transmission. If you are driving a Moped/Motor Scooter on any highway in Maryland you must have: (1) A driver’s license which may be of any class; or (2) a moped operator’s permit. The Penalty for Operating a Moped/Motor Scooter Without a License with or without an accident is 5 points and you must appear in court and face 60 days in jail.
Traffic lawyer bottom line
If you find yourself charged with Driving Without a license, you could easily spend some time in the detention center if it is a repeat offense. It is not a charge to be toyed with lightly. There are, however, a number of good defenses and factors that can reduce your charge. That’s why it’s so vitally important to keep your favorite Baltimore Criminal Lawyer’s number handy!