Maryland’s New Incarcerable Reckless Driving Law

On October 1, 2025, Maryland’s “Sergeant Patrick Kepp Act” took effect, reshaping the state’s treatment of reckless, negligent, and aggressive driving. The biggest headline: reckless driving is now a jailable offense and includes a bright-line speed threshold. These changes are codified in amendments to Md. Transp. § 21-901.1, alongside related updates to the point system and aggressive-driving provisions. 

The Three Core Changes to § 21-901.1

1) A new “30+ over” definition of reckless driving:
Maryland added an additional path to a reckless-driving conviction. In addition to the longstanding “wanton or willful disregard” standards, driving “at a speed at least 30 miles per hour above the posted speed limit” now constitutes reckless driving. Before this amendment, speed alone—even very high speed—was usually prosecuted as speeding (often “high-tier” speeding) and could support a reckless charge only insofar as it evidenced “wanton or willful disregard.” The new text makes the 30-mph-over violation itself a statutory form of reckless driving.

2) Reckless driving is now jailable:
The penalty provision in § 21-901.1(c)(1) was amended to authorize up to 60 days’ incarceration, a fine up to $1,000, or both for a reckless-driving conviction. Previously, reckless driving carried a fine (up to $1,000) but no jail. The amendment moves the offense from a purely monetary sanction into the realm of a criminal traffic charge with potential confinement, collateral consequences, and record implications. Reckless driving still carries 6 points if convicted. 

3) Negligent driving penalties climbed (but remain non-jailable):
For negligent driving under § 21-901.1(b), the law now specifies a fine up to $750 – up from $500 (with point consequences discussed below). Negligent driving still does not carry incarceration. 

Points associated with § 21-901.1 convictions

Although the focus here is § 21-901.1, the Kepp Act also adjusted the point system in § 16-402:

• 6-point assessment for “speeding in excess of the posted speed limit by 30 mph or more.” This aligns the points with the statute’s new bright-line reckless-driving pathway. Six points can quickly trigger enhanced MVA scrutiny and, combined with other violations, puts a driver on a short path to suspension. At 5 points, the MVA will require a driver to complete a driver improvement program (DIP), which will cause a suspension if not completed timely. 

• Negligent driving carries 2 points (up from 1 point) or 3 points if it contributes to an accident. 

How the New Law Differs from Prior Practice

Before Oct. 1, 2025:

• Reckless driving required proof of “wanton or willful disregard”—a qualitative, fact-intensive standard. Speeding could be evidence of recklessness, but there was no standalone speed threshold that automatically satisfied the offense.

• Penalties were limited to a fine (up to $1,000); no incarceration was authorized.

• Negligent driving carried lower fines and fewer points.

After Oct. 1, 2025:

• A quantitative trigger now exists: 30+ mph over the posted limit is itself reckless driving under § 21-901.1(a)(3). That gives prosecutors and courts a clear line and simplifies charging decisions in very high-speed cases. 

• Jail time is on the table for reckless driving—up to 60 days, with a $1,000 maximum fine, or both. 

• Negligent driving sees a fine increase to $750 and 2 points (3 if crash-related), signaling a policy shift toward stiffer consequences across the board. 

Practical Implications

Charging and plea posture:
Expect more initial reckless-driving charges based on LIDAR/radar readings and body-cam corroboration when speeds exceed the 30-over threshold. Defendants who might previously have faced only a payable speeding citation (even a “high-tier” one) can now be arraigned on a charge that carries incarceration and six points, significantly altering risk calculus. Courts and prosecutors may leverage the jailable nature of the offense in plea negotiations, particularly where excessive speed coincides with other unsafe maneuvers. If convicted, a Defendant can face jail time and probation. 

Defenses and proof issues:
The new subsection (a)(3) is objective: if the State proves the posted limit and a reliable speed measurement at 30+ mph over, the statutory element is satisfied without the need to prove subjective “wanton or willful disregard.” That shifts litigation to measurement reliability (device calibration, operator training, environmental conditions), posted-limit proof, and identification issues. The traditional (a)(1)/(a)(2) pathways remain available for fact patterns that demonstrate dangerous disregard absent extreme speed. 

Collateral consequences:
Six points for the 30-over conduct—and a reckless conviction—can drive insurance spikes, potential MVA administrative action, and employment/licensing issues for CDL and rideshare drivers. Counsel should screen for immigration, security-clearance, and professional-licensing implications that may be aggravated by a jailable traffic offense. 

Don’t Miss the Aggressive-Driving Tie-In

While this post centers on § 21-901.1, note that the Kepp Act also amended § 21-901.2 (aggressive driving). Among other things, it expands the qualifying menu of underlying violations and—importantly—clarifies that three or more specified offenses during a single, continuous episode can establish aggressive driving.

Bottom Line

Maryland has moved reckless driving into criminal-traffic territory with jail exposure and created a bright-line 30-over rule that will streamline charging in extreme-speed cases. Negligent driving now draws steeper fines and points, and aggressive driving is easier to establish in multi-violation episodes. For drivers, the takeaway is simple: what once looked like a “payable ticket” may now carry custody, six points, and long-tail consequences. For practitioners, the amendments recalibrate defense strategy, negotiation posture, and mitigation priorities—with calibration, posting, and measurement issues more central than ever.

It is important to consult an experienced criminal traffic attorney to advise you through the process and achieve the best possible result if you are charged with reckless driving, negligent driving, and/or aggressive driving.