Administrative Law: Beyond Traffic Violations?

Traffic laws are a confusing area for many people, and it can be hard to know what to do when issued with a traffic ticket. In most cases, traffic violations are administrative offenses, not criminal ones. This means that the penalties for breaking the law will only affect your driving record and your wallet, such as paying a speeding ticket. These violations are usually dealt with in traffic court, which is very different from a criminal court, and has loose rules of evidence that make it hard to defend yourself against a ticket. However, if the violation goes beyond your right to drive, the legal system becomes involved, and criminal charges may be brought. For example, driving under the influence (DUI) is a traffic violation that can result in criminal charges, as it can lead to jail time.

Administrative vs. Criminal Traffic Violations

Traffic violations can be confusing, especially since there are administrative and criminal violations, each with their own consequences and penalties.

Administrative Traffic Violations

Administrative violations are typically associated with breaking the traffic code of a given state. These violations are usually dealt with in traffic court and are considered civil infractions. The penalties for administrative violations only affect your driving record and your finances, such as paying a speeding ticket. Minor traffic offenses, such as running a red light, usually fall under administrative violations and can result in fines, license suspension, or temporary revocation, and possibly enforced community service. These offenses can be challenged in traffic court, and you are allowed to be represented by an attorney.

Criminal Traffic Violations

Criminal traffic violations, on the other hand, carry penalties that go beyond your right to drive. Criminal courts handle these cases, and they can result in criminal charges. Offenses that endanger another person due to the driving of the accused are generally considered criminal. These offenses may be charged as misdemeanors or felonies and can result in jail time and criminal fines. A very common criminal traffic violation is driving under the influence (DUI). If convicted of a DUI, you may lose your license, face criminal fines, and spend time in jail. Other serious traffic offenses that are considered criminal include driving without insurance, fleeing the scene of an accident, and operating a vehicle while intoxicated.

Administrative vs. Criminal: A Case Study of Arizona

In Arizona, vehicle traffic issues are handled by the Motor Vehicle Division (MVD), an administration within the state's executive branch. The MVD has the authority to issue, register, and monitor driver's licenses and vehicle registrations. Since the MVD has the power to grant these licenses and registrations, it also has the authority to alter them without going through the court system. This means that the MVD can handle cases where the penalties only impact driving rights, such as speeding tickets. However, when the penalties of a traffic violation go beyond driving rights, such as in a DUI case, the legal system becomes involved, and criminal aspects of the violation must be adjudicated.

Minor Traffic Offenses

Minor traffic violations are considered "'less severe' compared to major violations. While the specific consequences of a minor traffic violation depend on the state in which it occurs, they generally only affect your driving record and wallet, such as having to pay a fine or attend traffic school.

Examples of minor traffic violations include:

• Speeding within reasonable limits
• Running a red light
• Failure to use turn signals
• Parking violations
• Driving with expired registration or insurance
• Failure to wear a seatbelt
• Failure to yield
• Improper lane changes
• Passing a school bus
• Speeding in a school or construction zone

In California, minor traffic violations are regarded as civil infractions or low-level offences, where the accused's liability only extends to the payment of fines, community service, driver education programs, and other non-incarceration sentences.

In Minnesota, minor traffic offenses are considered administrative violations and are dealt with in traffic court. Examples of minor traffic violations in Minnesota include running a red light, which can result in fines, a license suspension, or temporary revocation, and possibly enforced community service.

It is important to note that while minor traffic violations are less severe, they can still be indicative of underlying issues or poor driving habits that may lead to more serious incidents in the future.

More Serious Traffic Offenses

Traffic violations can be confusing, as there are both administrative and criminal violations, with different penalties for each. Administrative violations are often associated with breaking the traffic code, and the penalties only affect your driving record and wallet, such as paying a speeding ticket. Criminal traffic violations, on the other hand, carry consequences beyond your right to drive, and criminal courts get involved.

Serious traffic offenses are generally considered criminal when another person is endangered by the driver's actions. These offenses carry criminal charges and may be charged as misdemeanors or felonies. If convicted, the offense is marked on the driver's permanent driving record and criminal record.

Serious traffic offenses vary by state but can include:

• Driving without insurance
• Fleeing the scene of an accident
• Operating a vehicle while intoxicated (OWI) or driving under the influence (DUI)
• Vehicular homicide or vehicular manslaughter
• Driving without a license or with a suspended license
• Reckless driving
• Excessive speeding
• Failure to pull over for emergency vehicles
• Using a vehicle to commit a felony

These types of crimes are adjudicated in criminal court, where the accused is entitled to a proper defense attorney.

The penalties for serious traffic offenses can be severe and may include suspension or revocation of a driver's license, significant fines, and possible jail time. For example, in Minnesota, a misdemeanor traffic offense conviction, such as driving at excessive speed, can result in up to three months in jail and fines of up to $1,000. Felony offenses carry even harsher penalties, with the possibility of several years in prison and higher fines.

Moving and Non-Moving Violations

Moving Violations

Moving violations occur when a driver breaks a traffic law while their vehicle is in motion. These violations are often considered more serious than non-moving violations as they can include offences such as distracted driving or driving under the influence of drugs or alcohol. Examples of moving violations include:

• Speeding
• Running a stop sign or red light
• Failing to use turn signals
• Changing lanes without signalling
• Driving without auto insurance
• Driving with broken headlights

Non-Moving Violations

Non-moving violations, on the other hand, occur when a vehicle breaks a traffic law while not in motion, or when the violation is unrelated to the manner of driving. These violations are typically related to parking issues or faulty equipment. Non-moving violations usually result in smaller fines and do not cause demerit points to be added to your record. Examples include:

• Parking in front of a fire hydrant or in a no-parking zone
• Expired tags or registration
• Talking on your cell phone while driving
• Vehicle maintenance issues, such as a broken taillight or excessive muffler noise

It is important to note that some violations, such as driving without a seatbelt or with a broken taillight, can be classified as non-moving violations even if the vehicle is in motion.

Criminal Traffic Offenses: Misdemeanors and Felonies

Traffic violations can be administrative or criminal in nature. Criminal traffic violations are further categorised as misdemeanours or felonies. The classification of a traffic offence as a misdemeanour or felony depends on the jurisdiction, the offender's prior convictions, and whether the offence involved injuries, death, or property damage.

Misdemeanours

Misdemeanours are less serious crimes, generally punishable by a fine or jail time of less than one year. In most states, the maximum sentence for a misdemeanour is one year in county jail. Common examples of misdemeanour traffic violations include:

• Driving under the influence of alcohol or drugs
• Failing to stop at the scene of an accident (hit and run)
• Driving without a valid driver's license
• Driving without insurance

Felonies

Felonies are the most serious criminal offences and typically carry a sentence of more than one year in state prison. A felony is any crime punishable by more than one year in prison or death. Some traffic offences that are typically classified as felonies include:

• Vehicular assault: Using a vehicle to harm or threaten harm to another individual.
• Vehicular homicide: Causing the death of another person while driving.
• Repeat DUI/DWI convictions: Multiple convictions for driving under the influence.
• Certain hit-and-run offences: Leaving the scene of an accident that resulted in injury or death.

Impact of Criminal Traffic Offences

Criminal traffic offences, whether misdemeanours or felonies, can have significant repercussions. These violations go on an individual's criminal record and can result in substantial fines, loss of driving privileges, and even jail time. Additionally, they can impact employment opportunities, housing applications, and various aspects of daily life.

Frequently asked questions