Probation Before Judgment (PBJ)

If a driver that has been found guilty of either DUI or DWI has not had a prior DUI or DWI in Maryland within the previous 10 years, he or she may be eligible for a probation before judgment (PBJ) disposition.

After finding the driver guilty of the offense, the judge may strike the conviction and enter a probation before judge disposition, pursuant to Criminal Procedure Article § 6-220.

When a driver receives a PBJ, they are placed on probation for a specified length of time. Probation may be supervised or unsupervised. If all the conditions of probation are met and there are no violations of probation, points are not assessed and the entry of guilt goes on a segregated record at the MVA that is not available to the public, but is available to law enforcement and the courts. However, if someone gets a PBJ and then is found in violation of their probation, they are facing the possibility of striking the probation, entering of the conviction, and the potential of incarceration.

It is important to note that although there are many advantages to a PBJ disposition, PBJ dispositions to a DUI and/or DWI are not eligible for expungement. Further, in terms of collateral consequences in certain contexts, PBJ dispositions may be treated similarly to convictions.

In Maryland, it is important to see a lawyer AS SOON AS POSSIBLE after being charged with drunk driving, to fully protect your rights. Call 301-345-0122 for a FREE consultation with Leonard R. Stamm or Johanna C. Leshner.

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Maryland DUI Law

Maryland DUI Law

(Vol. 8, Maryland Practice Series)
By: Leonard R. Stamm

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