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Negligent Driving charge in MD

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Scott Reichart

Guest
Hello!
I'm trying to find out how Maryland defines their traffic law, Negligent Driving, code: 21-901.1b? If someone knows the answer, please feel free to e-mail me.
Thank you!
Scott
 


I

I AM ALWAYS LIABLE

Guest
<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by Scott Reichart:
Hello!
I'm trying to find out how Maryland defines their traffic law, Negligent Driving, code: 21-901.1b? If someone knows the answer, please feel free to e-mail me.
Thank you!
Scott
<HR></BLOCKQUOTE>

My response:

MARYLAND
This chapter summarizes Maryland State statutes related to speed.
General Reference: Annotated Code of Maryland Most references are to the Transportation Article (Tran.)
Basis for a Speed Law Violation:
Basic Speed Rule: A person shall not operate a vehicle at a speed that, with regard to the actual and potential dangers existing, is more than that which is reasonable and prudent under the conditions. Tran. §21-801(a)
Statutory Speed Limit: 65 MPH is the maximum speed limit which can be established on any highway. Tran. §21-801.1(e)(2)
See Other below. 55 MPH on (1) highways which are not interstate highways or expressways or (2) divided highways in other locations Tran. §21-801.1(b)(4) & (e)(1)
50 MPH on undivided highways except as noted below Tran. §21-801.1(b)(3)
35 MPH on divided highways in residential districts Tran. §21-801.1(b)(2)
30 MPH on highways in business districts or on undivided highways in residential districts Tran. §21-801.1(b)(1)
Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the State Highway Administration may alter the above speed limits. Such alterations may provide for different speed limits (1) at specified times of the day, for certain weather conditions, for various types of vehicles, and for other reasons concerned with highway safety. However, no speed limit shall be (1) >65 MPH on any highway or (2) >55 MPH on highways which are not interstate highways or expressways or divided highways in other locations. Tran. §§21-801.1(d) and (e)(1) & (2), 21-208
II. Based on engineering and traffic investigations, local governments(1) may establish posted speed limits.(2) However, a speed limit of >50 MPH cannot be established in an urban district. In addition, a speed limit <25 MPH cannot be established outside an urban district. Tran. §21-803
III. A local government may establish a safe maximum speed limit for an alley. Tran. §21-803(e)
IV. The State Highway Administration or a local government on highways under their respective jurisdictions, may establish a speed limit in a designated school zone which is within half-mile of a school.(3) However, such speed limit cannot be >35 MPH in a school zone where a school crossing guard is present. Tran. §21-803.1(a), (e) & (f)
Minimum Speed Limit: I. A person shall not operate willfully operate a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic. Tran. §21-804(a)
II. A person, who is driving a vehicle either (1) at 10 MPH or more below the posted speed limit or (2) at less than the normal speed of traffic, shall drive in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway. Tran. §21-301(b)
Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the State Highway Administration or a local government may establish a minimum speed limit on a highway or part thereof. Tran. §§21-804(b) & 21-1409
Other: I. Speed limits may be established for highway work zones. Tran. §21-802.1
II. A school bus, while carrying any passengers, cannot be operated at a speed >50 MPH. Tran. §21-806(a)
III. Following an investigation, the State Highway Administration may establish a maximum safe speed for any bridge or elevated structure. Tran. §21-806(b)
IV. Certain "dump trucks" when loaded cannot be operated at a speed >45 MPH. This restriction does not apply on divided highways with two or more lanes in each direction. Tran. §13-919(g)

Adjudication of Speed Law Violations:
Civil/Criminal Adjudication of Violation: All Speed Law Violations are Misdemeanors. Tran. §27-101(a)
Other:
Sanctions Following an Adjudication of a Speed Law Violation:
Criminal Sanctions:
Imprisonment:
Term (Day, Month, Years, Etc.): None
Mandatory Minimum Term:
Fine:
Amount ($ Range): Not more than $500 Tran. §27-101(b)
Mandatory Min. Fine ($): None
Other Penalties:
Traffic School: School Zone. A fine of not more than $1,000 may be imposed for exceeding a school zone speed limit. Tran. §27-101(r)
Other:
Licensing Action:
Type of Licensing Action (Susp/Rev): Suspension or Revocation via a Point System(4)
Term of License Withdrawal (Days, Months, Years, etc.): Not more than 2 years (4)
Mandatory Minimum Term of Withdrawal: None If a suspension or revocation would adversely an offender's employment or opportunity for employment, such licensing action may be declined, canceled or modified. Tran. §16-405(a)
Miscellaneous Sanctions Not Included Elsewhere: Notification. If a minor (a person <18 years old) is charged with a speeding offense where the speed was 20 MPH over the speed limit, the State notifies the cosigner of the minor's license of the charge. Art. 1, §24(b)(2) & Tran. §21-808
Other Criminal Actions Related to Speeding:
Race or Speed Contest on a Highway: Misdemeanor Tran. §§21-1116(a) & 27-101(a)
Sanctions:
Criminal Sanction:
Imprisonment (Term): None
Mandatory Minimum Term:
Fine ($ Range): Not more than $500 Tran. §27-101(b)
Mandatory Minimum Fine: None
Administrative Licensing Action:
Licensing Authorized and Type of Action: Suspension or Revocation via a Point System (4)
Length of Term of Licensing Withdrawal: Not more than 2 years (4)
Mandatory Action--Minimum Length of License Withdrawal: None If a suspension or revocation would adversely an offender's employment or opportunity for employment, such licensing action may be declined, canceled or modified. Tran. §16-405(a)
Other:
Reckless Driving(5): Misdemeanor Tran. §§21-901.1(a) & 27-101(a)
Sanction:
Criminal:
Imprisonment (Term): None
Mandatory Minimum Term of Imprisonment:
Fine ($ Range): Not more than $500 Tran. §27-101(b)
Mandatory Minimum Fine: None
Administrative Licensing Actions:
Type of Licensing Action (Susp/Rev): Suspension or Revocation via a Point System (4)
Length of Term of License Withdrawal Action: Not more than 2 years (4)
Mandatory Term of License Withdrawal Action: None If a suspension or revocation would adversely an offender's employment or opportunity for employment, such licensing action may be declined, canceled or modified. Tran. §16-405(a)
Other:
Negligent Driving(6): Misdemeanor Tran. §§21-901.1(b) & 27-101(a)
Sanction:
Criminal:
Imprisonment (Term): None
Mandatory Minimum Term of Imprisonment:
Fine ($ Range): Not more than $500 Tran. §27-101(b)
Mandatory Minimum Fine: None
Administrative Licensing Actions:
Type of Licensing Action (Susp/Rev): Suspension or Revocation via a Point System (4)
Length of Term of License Withdrawal Action: Not more than 2 years (4)
Mandatory Term of License Withdrawal Action: None If a suspension or revocation would adversely an offender's employment or opportunity for employment, such licensing action may be declined, canceled or modified. Tran. §16-405(a)
Other:
Commercial Motor Vehicle (CMV) Operators(7):
Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a vehicle they either (1) commit 2 "serious traffic violations"(8) within a 3 year period or (2) commit 3 such violations within a 3 year period. Tran. §16-812(f) & (g)
Period of Disqualification: 2 serious violations (within 3 years)-60 days 3 serious violations (within 3 years)-120 days Tran. §16-812(f) & (g)
Period of Mandatory Disqualification: 2 serious violations (within 3 years)-60 days
 

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