According to the Maryland Motor Vehicle Administration (MVA) points are assessed after you have been convicted of a moving violation. For details about the number of points that are assessed for each type of violation, you may want to review both Maryland's laws (Maryland Annotated Code) and regulations (COMAR-Code of Maryland Regulations) which give the MVA points list for offenses.
The MD MVA may take different actions depending upon the number of points you have accumulated during the previous 2 years. Your driver record is reviewed for accumulated points each time the MVA adds more points to your record.
After you are convicted of vehicle related law violations the MVA then applies the appropriate points to your driver record. Other actions taken by the MVA in response to this notification depend upon the total number of points that you have accumulated during the two year period prior to the violation:
- 3 to 4 points - The MVA will send you a warning letter.
- 5 to 7 points - The MVA will require you to enroll in a Driver Improvement Program (IDP).
- 8 to 11 points - The MVA will send you a notice of suspension.
- 12 or more points - The MVA will send you a notice of revocation.
Thus at 4 points you will receive a warning letter from the state licensing agency. However you mentioned that you were under Probation Before Judgment and thus must carry a provisional license, the middle license in the graduated drivers licensing system in Maryland.
The Maryland MVA notes that any violations or a Probation Before Judgment [(PBJ), a ruling by the court that does not result in a conviction, but is reported to the MVA will mean the eighteen (18) month provisional period has to be restarted. Drivers must hold the provisional license for eighteen (18) consecutive months with no moving violations, including a PBJ ruling, to be eligible for a full license. Provisional drivers, who have previously received a Probation Before Judgment are ineligible for a PBJ ruling.
Convictions or "Probation Before Judgment" for moving violations while holding a provisional license will require the completion of a driver improvement program and/or the suspension/revocation of your driver's license. As previously mentioned convictions or a PBJ restart the 18-month minimum waiting period for you to obtain your full driver's license.
The MVA states that in addition to other sanctions applied by the courts, these Administrative sanctions listed below are also imposed to provisional drivers that have moving violations:
- First conviction is driver improvement classes,
- Second conviction is a 30 day suspension of license, and
- a third or subsequent comes with a 180 day suspension or revocation of license.
If you want to know more about what will happen to you due to the fact that you have a provisional license and now have been ticketed twice, contact the court listed on your ticket and/or the MVA.
If you want to get a copy of your Maryland driving record to see what is now on there and the points listed than keep in mind that sometimes after the MVA takes an action, such as suspending your license, the number of points showing on the record (referred to as "current" points) could be different than the number of points indicated on say a suspension letter. This can happen because points may have been added or expunged after the letter was sent.
Points on your driver record are considered public information for 3 years from the violation date. So during this time an insurance company or employer could see a traffic violation that you were convicted of and the resulting points.
Points remain on your driver record until they are officially expunged by the MVA. You can contact the MD MVA about how your request Driver Record Expungement. However even without the expungement request two (2) years after the violation date the points are no longer considered "current" points.
For more information about your driving record and driver licensing process contact the MD MVA directly. For information on the penalties the court can hand you than contact the court listed on your citation for this latest traffic ticket.