Driving Without a License in a Maryland DUI
Driving without a license is an additional charge in a Maryland DUI case and is a jailable offense. If a person is charged with a DUI, driving without a license can be another exacerbating factor like having a car accident while driving or having a child in the car.
If you are facing a charge of driving without a license on top of your Maryland DUI charge, it is important that you consult with an attorney as soon as possible. An experienced Maryland DUI lawyer can mount a strong defense to help lessen or dismiss any penalties associated with your charge
Aggravating Factor
A Maryland DUI charge is already an illegal act committed by somebody who was driving. When the person knew they should not have been driving or did not have the privilege to drive, the court sees that as two violations of law and places a significant interest on the punishment in that situation as opposed to a situation where a person was lawfully driving.
Driving without a license in a Maryland DUI charge is a traffic charge in addition to the DUI charge. However, the traffic charge is a jailable offense, so people should be mindful of the fact that a judge can send a person to jail for up to 60 days for these types of offenses.
Hearing the Case
Driving without a license charges and Maryland DUI charges are heard at the same time in the same courtroom. The same court system has jurisdiction over both matters. Because they are related, there is no issue of severance for the offense, so they are heard together.
Suspended License vs. Unlicensed Driver
Somebody driving on a suspended license and someone driving as an unlicensed driver are different criminal offenses. A person driving without a license faces the possibility of incarceration as does a person driving on a suspended license, but the burdens of proof are different for the elements the state must prove. In a driving while suspended case, prosecutors must prove beyond a reasonable doubt that a person did not have the privilege to drive because they were suspended for some reason such as an accumulation of points, failure to pay a fine or child support, or any number reasons.
Driving without a license in a Maryland DUI case means that a person does not have a privilege to drive because there was an issue associated with the Motor Vehicle Administration and their driver’s license was taken away from them.
A person charged with driving on a suspended license can also be charged with driving without a license, but a person driving without a license might not necessarily be charged with driving on a suspended license.
Suspended License due to a DUI
A person with a suspended license because of the Maryland DUI is driving on a suspended license for having already committed another major offense. The courts perceive driving while suspended cases or driving without a license cases based on a DUI to be more serious than subsequent offenders previously charged with a different offense.
Out of State Drivers
An out-of-state driver has different outcomes for DUI charges in Maryland than Maryland drivers. Out-of-state drivers charged with a DUI-related offense face the same penalties locally for the criminal charges in the case. For the issues associated with suspension, they are treated differently.
Maryland police officers and the Motor Vehicle Administration of Maryland only have power over Maryland drivers and Maryland roadways. Someone with an out-of-state driver’s license cannot have their license taken by a Maryland officer or the Maryland Motor Vehicle Administration.
However, they might have consequences against their privileges to drive within the State of Maryland and upon Maryland roads. They might also face penalties from their home state for cases that happen in Maryland.
Maryland Attorneys
A local attorney understands the systems in the local court when it comes to driving without a license in Maryland. It is likely that out-of-state attorneys cannot practice within the state of Maryland. A local attorney can assist the individual in maintaining their privileges to drive on Maryland roadways and assist in the resolution of the case in criminal court to reduce the possibility of incarceration or criminal history. The attorney can minimize the impact for what is reported back to the person’s home state.