Traffic Laws And Criminal Contempt: Understanding The Connection

Criminal contempt of court refers to behaviour that disobeys, offends, or disrespects the authority or dignity of a court. It can occur directly, in the presence of the court, or indirectly, outside the presence of the judge. Criminal contempt charges are separate from the underlying case and can result in stiff punishments, including jail time, fines, or both, and a conviction will be on your criminal record. Traffic citations, on the other hand, are typically classified as either civil or criminal infractions. Civil infractions are non-criminal offences that are usually resolved through the payment of a monetary penalty or by attending a defensive driving class. Criminal traffic infractions, such as driving under the influence or reckless driving, can result in more severe penalties, including monetary fines, probation, and even imprisonment. So, while criminal contempt may apply in the context of a traffic citation case if an individual disrupts or disrespects the court proceedings, the criminal contempt charge itself is separate from the underlying case and carries its own set of consequences.

Criminal vs. civil contempt

Criminal contempt is used as a punishment when a person disobeys or otherwise violates a court order, or if they disrupt a court proceeding. State law provides a specific list of grounds for criminal contempt to be imposed, including:

• Disrupting court proceedings
• Disrespecting the court
• Disobeying a court order
• Refusing to be sworn in as a witness
• Lying about court proceedings in a way that causes an imminent and serious threat
• Failing to show up to a court date
• Tampering with a juror
• Violating probation

Criminal contempt can be imposed if a clear warning was given by the court that the conduct was improper, or if the act was willfully contemptuous. It is important to note that criminal contempt cannot be imposed at the discretion of the judge.

Civil contempt, on the other hand, is not intended as a punishment for past actions but as a means to force compliance with an existing court order. For example, if someone is held in civil contempt for failing to transfer a deed, their imprisonment will end upon the delivery of the deed. An order for civil contempt is required to provide an "out" for the person being held in contempt. Unlike criminal contempt, civil contempt must be in writing, and there is no distinction between direct and indirect contempt.

The key difference between criminal and civil contempt lies in their purpose and the legal protections afforded to the accused. Criminal contempt is punitive in nature, seeking to punish an individual for disobeying a court order or disrupting court proceedings. On the other hand, civil contempt is coercive, aiming to compel compliance with a court order.

In terms of legal protections, criminal contempt is considered a crime, and therefore, individuals accused of criminal contempt are entitled to constitutional protections such as the right against double jeopardy, the right to notice of charges, the right to counsel, and the right against self-incrimination. For serious criminal contempt charges that may result in imprisonment of more than six months, the accused also has the right to a jury trial. Civil contempt, on the other hand, can be imposed in an ordinary civil proceeding without the need for a jury trial or proof beyond a reasonable doubt, as it is designed to compel future compliance with a court order.

While both types of contempt can result in imprisonment, the nature of the sanctions differs. In criminal contempt, sanctions are punitive and aim to punish the individual, regardless of their compliance with the court's orders. On the other hand, civil contempt allows the individual to be released if they comply with the court's orders.

In the context of traffic citations, the distinction between criminal and civil contempt is important. Traffic violations can result in either criminal or civil penalties, depending on the nature of the violation and the state in which it occurs. Criminal traffic violations, such as driving under the influence or driving with a suspended license, can lead to criminal charges, potential jail time, and severe legal implications. Civil traffic violations, such as speeding or running a red light, are typically handled through the payment of fines or attendance in traffic school and do not carry criminal penalties. However, civil traffic violations can still result in points against the driver's license, which can lead to increased insurance premiums and license suspension or revocation if too many points are accumulated.

Direct vs. indirect contempt

Criminal contempt can apply to traffic citation laws, as failing to appear in court after receiving a traffic ticket can be considered contempt of court. Direct and indirect contempt are differentiated by whether the act of contempt occurs in or out of the presence of the court.

Direct contempt of court occurs when someone does something to disobey or disrespect a judge while in the court's presence. This can include failing to rise upon the judge's entrance, shouting at the opposing lawyer, or showing up to court intoxicated. Direct contempt can be punished summarily.

On the other hand, indirect contempt, also known as constructive contempt, occurs outside of the court's presence. This can include violating a court order, such as refusing to obey a child support order or failing to attend a hearing. Other examples include attempting to bribe jurors or lying in a deposition.

Indirect contempt can be either civil or criminal in nature. Civil contempt typically arises from conduct between the parties in a lawsuit, whereas criminal contempt is often directed at the court. Criminal contempt can occur in civil cases as well as criminal ones.

Criminal traffic ticket consequences

A criminal traffic ticket is a serious matter that can have significant consequences. Unlike a civil traffic infraction, a criminal traffic ticket means that you are accused of committing a criminal traffic violation, which can be a misdemeanour or a felony. The specific consequences of a criminal traffic ticket will depend on whether it is classified as a misdemeanour or a felony, and the state in which the violation occurred.

Misdemeanours

Misdemeanours are generally less severe than felonies and are punishable by less severe sanctions. A first-time DUI (driving under the influence), for example, is typically classified as a misdemeanour. Other examples of misdemeanours include driving with a suspended license, driving without a valid license, expired registration, and speeding excessively.

Felonies

Felonies are more serious offences that carry harsher penalties. Examples of felonies include vehicular manslaughter, aggravated DUI resulting in serious bodily injury or death, and being a habitual traffic offender (HTO).

Consequences of Criminal Traffic Tickets

Regardless of whether the violation is a misdemeanour or a felony, the consequences of a criminal traffic ticket can be severe and may include:

• Jail or prison time
• Heavy fines
• Suspension or revocation of your driver's license
• Probation
• Community control or home confinement
• Traffic classes
• Vehicle impoundment
• Increased insurance premiums
• Loss of insurance coverage
• Loss of employment
• A permanent mark on your driving and criminal record

It is important to note that the consequences of a criminal traffic ticket can vary depending on the specific circumstances of the violation, your prior driving record, and the state in which the violation occurred. Therefore, it is always advisable to consult with a knowledgeable attorney to understand the specific consequences you may face and to navigate the legal process.

Civil traffic ticket consequences

Civil traffic violations are generally considered to be less serious than criminal traffic violations, and therefore carry less harsh penalties. However, civil traffic tickets can still result in points being added to your driver's license, which can lead to increased insurance premiums and eventual license suspension or revocation if you accumulate too many points.

Civil traffic violations are typically punished with a fine, which in Arizona is usually less than $250 if paid on time. In Florida, you have 30 calendar days from the date the ticket was issued to pay the fine. In some cases, you may be able to attend traffic school or a defensive driving course, which can lead to a dismissal of the charge.

If you want to contest a civil traffic ticket, you should not pay the fine. Instead, you should contact a traffic defense attorney for a consultation. An attorney may be able to help you retain your license if you are at risk of suspension.

In terms of criminal contempt, this does not apply to civil traffic citations. Criminal contempt refers to any conduct that insults, defies, or disrespects a court's authority, and can result in either civil or criminal consequences.

Traffic citations in Florida

If you receive a traffic citation in Florida, you have a few options. Firstly, you can pay the fine associated with the violation. However, it is important to remember that paying the fine is considered a plea of guilty and can result in points being assigned to your driving record. Accumulating too many points can lead to a suspension or revocation of your license. Secondly, you can contest the citation by contacting the Clerk of Court in the county where the violation occurred. Thirdly, you may be eligible to take a driver improvement course, which can result in a reduction of the citation fees and withheld points.

It is important to note that failing to respond to a traffic citation within 30 days can result in additional fines and a suspension of your driving privileges. If you receive a criminal traffic citation, you will be required to appear in court, where you can enter a plea of guilty, not guilty, or no contest. Failure to appear in court can lead to an arrest warrant and further penalties.

In Florida, traffic citations are considered public records and can be accessed through various methods, such as online databases or by requesting records from the Department of Highway Safety and Motor Vehicles (FLHSMV). These records can include information such as the disposition of the case, the offender's sentence, and their driving history.

Frequently asked questions