Double Jeopardy and Reckless Driving

Scott Scherr • June 16, 2026

You can likely avoid a reckless driving by paying a related speeding ticket. Should you do it?

On October 1, 2025, a new law took effect in Maryland. Anyone traveling 30 or more miles over the speed limit can be charged with reckless driving. To make matters worse, the reckless driving charge carries a maximum penalty of 60 days in jail and a $1,000.00 fine. So, the judge can send you to jail and certain judges are doing just that.


In almost every one of these cases, the driver receives two citations. He receives a ticket for a reckless driving and another ticket for speeding. The speeding ticket does not carry jail time and is not considered a "serious" traffic infraction. While you must appear in court for a reckless driving charge, a speeding ticket can be paid at almost any District Court in the State of Maryland.


Interestingly, under Maryland law, a conviction for speeding before the reckless driving charge goes to trial will likely bar the State from trying you on the reckless driving charge on double jeopardy grounds. Double jeopardy applies because speeding and reckless driving both require the same element of exceeding the speeding limit. This means that you can probably avoid any risk of jail time by paying the speeding ticket before court. Moreover, if you are on probation for another offense, there is a good chance that a conviction or probation before judgment for reckless driving will violate your probation, but a conviction for speeding will not.


But should you pay the speeding ticket? There is a definitely a downside to doing so. Paying the speeding ticket will cause 6 points to be assessed. If you have already points on your license already, paying the speeding ticket can cause your license to be suspended or revoked. While there are ways to fight the suspension or revocation, you would have to go an MVA hearing. Paying the ticket takes away an opportunity to see if the State will proceed on the speeding ticket where the Defendant can ask for probation before judgement or a reduction in speed to lower the points. The judge can also give probation before judgment for the reckless driving.


You will also have to do a driver improvement program which is required once you get to five points. Your insurance rates will almost certainly increase by paying  the speeding ticket. CDL holders face issues if they are convicted or receive probation before judgment for speeding tickets as well as reckless driving.


In Harford County, officers are issuing speeding and reckless driving tickets and then the State's Attorney is dropping the speeding ticket in an effort to make sure the driver cannot just pay the speeding ticket. The Defendant or his attorney receives notice of the intent to drop (nol pros) the charge and it becomes a race to the courthouse to see if the Defendant can pay the speeding ticket before it is dropped.


Whether to pay the speeding ticket requires a careful analysis of the individual's situation. Every case is different, but it creates an interesting option.

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