Aggressive Driving in Maryland

What Is Aggressive Driving Under Maryland Law?

Under Transportation Article §21-901.2, a person is guilty of aggressive driving if they commit three or more of the following specified traffic violations at the same time or during a single continuous period of driving:

• Failure to obey a traffic control device (§21-201)
• Traffic light violations (§21-202)
• Improper overtaking and passing (§21-303)
• Passing on the right improperly (§21-304)
• Driving left of center while passing (§21-305)
• Driving on the left in a no-passing zone (§21-307)
• Improper lane usage (§21-309)
• Following too closely (§21-310)
• Failure to yield right-of-way (§21-403)
• Failure to stop for pedestrian in crosswalk (§21-502)
• Passing a vehicle stopped for a pedestrian (§21-502(c))
• Passing a school bus with alternating flashing red lights (§21-706)
• Stop sign and yield sign violations (§21-707)
• Exceeding the posted speed limit (§21-801.1)
• Skidding, spinning wheels, excessive noise (§21-1117)
• Discharging diesel emissions onto another (§21-1131)
• Improper passing of a bicycle or motor scooter (§21-1209(a))
• Motorcycle overtaking in the same lane (§21-1303(c))
• Motorcycle operating between lanes of traffic (§21-1303(d))

The State must prove three or more of these specific violations occurred during a single continuous period of driving. Each predicate violation must be established independently — if one cannot be proven, the aggressive driving charge fails.

Penalties for Aggressive Driving

How Aggressive Driving Differs from Reckless Driving

Maryland law distinguishes between aggressive driving (§21-901.2) and reckless driving (§21-901.1). Aggressive driving requires proof of three or more specific predicate violations from the statutory list. Reckless driving requires proof that the driver operated the vehicle in wanton or willful disregard for the safety of persons or property — a higher threshold reflecting more extreme conduct. Unlike aggressive driving, reckless driving carries potential imprisonment of up to 60 days in addition to a fine up to $1,000. Understanding which charge applies to your case determines the appropriate defense strategy.

Defense Strategies

• Challenging the predicate violations — Each of the three required violations must be proven independently. If one predicate violation cannot be established, the aggressive driving charge fails entirely.
• Challenging officer observations — Aggressive driving charges frequently rest on officer observations alone. Cross-examination of the officer's vantage point, attention, and ability to observe the required elements simultaneously is essential.
• Body camera and dashcam evidence — Video footage often provides the most objective evidence of what actually occurred and can contradict the officer's account of the driving conduct.
• PBJ as a resolution — For eligible defendants, a Probation Before Judgment (PBJ) disposition avoids a criminal conviction and the associated MVA points, though the underlying conduct remains on record for subsequent offense purposes.

Frequently Asked Questions