What happens if I am convicted of a moving violation or receive a Probation Before Judgment (PBJ) ruling while I hold a provisional driver's license?
If this is your first conviction or PBJ ruling during the 18-month provisional period, you will be required to attend a Driver Improvement Program (DIP).
If this is your second, third, or subsequent conviction or PBJ ruling during your provisional period, the MVA will mail to you a Notice of Provisional License Suspension. When you receive it, complete and return the notice to the MVA’s Administrative Adjudication Division (AAD) within 15 days from the printed Notice Date.
When completing the notice, you will have two options:
- Waive your right to a hearing – If you select this option, your license will be suspended on the date indicated on the notice.
Note: Your provisional driver’s license must be returned with the notice be sure that it is the most recent license issued to you. If you no longer possess the license, you must submit a written explanation, or visit an MVA office and complete a Certified Statement indicating why you do not have the license. It is important to note, however, that the suspension period cannot begin until your license is received.
- Request a hearing – You may request a hearing to show cause why your driver’s license should not be suspended. The Office of Administrative Hearings (OAH) will hold the hearing. If you select this option, your request must be mailed to MVA's Administrative Adjudication Division (AAD) office before your suspension date. You do not have to turn in your driver’s license until your hearing.
You may return your notice and/or drivers license by mail or in-person to the MVA's Administrative Adjudication Division (AAD) office, or to any MVA Branch Office.
For more information about first time drivers and the restrictions associated with a Maryland provisional driver’s license, see Rookie Driver.
What happens next?
If you waive your hearing rights, or if you do nothing within the 15-day response period, the suspension will begin on the suspension date indicated on the notice. At a minimum the suspension period will last:
- 2nd conviction – 30 days
- 3rd and subsequent convictions – 180 days
- The suspension period varies by the customer's number of convictions and age while holding a provisional driver's license:
- 2nd conviction over 18 years - 30 days
- 2nd conviction under 18 years - 30 days suspension and employment and education restriction for 90 days effective at the removal of the suspension
- 3rd and subsequent convictions over 18 years - 180 days
- 3rd conviction under 18 years - 180 days, employment and education restriction for 180 days, and completion of a young driver improvement program
- 4th or subsequent while under 18 years - revocation and completion of all test when reinstated.
- The period of suspension begins when the customer returns the last issued driver's license to the MVA. If the license is mailed, the postmark date on the letter is used as the date of return.
- If the suspension is ordered as a result of an OAH hearing, the period of suspension and/or restriction may vary.
- All MVA suspensions, unless ordered differently by an administrative law judge, run consecutively to each other.
It is important to note, however, that if you delay in returning your drivers license, the suspension period cannot begin until your license is received. That means the actual suspension period could be much longer. Also, all suspensions unless otherwise ordered by an administrative law judge run consecutively.
If you request a hearing, the Office of Administrative Hearings (OAH) will notify you of the hearing date, time and location. Usually, the hearing will be held at the hearing office nearest to your residence, unless you request a different location.
What do I have to do after the suspension period has ended?
When the suspension period is over, you may apply for a new provisional driver’s license at any full service MVA branch office. Note that the provisional period will be re-set for another 18 months from the date that the suspension was removed.
What does MVA consider a moving violation conviction?
A moving violation conviction is any conviction for which points are assessed under the Maryland point system, or any conviction received in another state or jurisdiction that is similar to a moving violation in Maryland.
- There is a fee for the hearing.
- There is a fee for obtaining a new drivers license.
Administrative Adjudication Division
6601 Ritchie Highway,NE
Glen Burnie, MD 21062
For telephone questions:
MVA Customer Service Center: 1-410-768-7000
TTY/Hearing Impaired: 1-301-729-4563