Laws We Break: Unknowingly Committing Crimes

It is often said that everyone breaks the law at some point in their lives. While it is impossible to know whether this is true, it is certainly a common belief. A poll by onepoll.com found that the average person commits around seven crimes per week, with speeding being the most common offence. Other common infractions include talking or texting while driving, littering, illegally downloading music, and not wearing a seatbelt. While some people may not consider these minor crimes to be a big deal, others argue that breaking the law is breaking the law, regardless of the severity of the offence.

Speeding and other traffic violations

A traffic violation occurs when a driver breaks one of the laws that regulate motor vehicle operation on streets or highways. These violations can be further categorized into moving and nonmoving violations. Moving violations occur when a driver breaks a traffic law with a vehicle in motion, such as speeding, running a stop sign, or changing lanes without signaling. Nonmoving violations, on the other hand, are usually related to parking or faulty equipment, such as parking in front of a fire hydrant or having expired registration stickers.

While a traffic ticket is a minor offense, it can still have serious consequences for the driver. Tickets can result in costly fines and legal fees, and they appear on your driving record, affecting insurance premiums. Repeated or serious offenses can lead to losing your driver's license, traffic school, or even jail time. In some states, speeding is considered a misdemeanor, which will follow the driver when applying for jobs and housing. If combined with drinking, it may even become a felony.

In some cases, there are options to handle a traffic ticket without going to court. For minor speeding violations, for example, you may be able to pay the fine and court costs before your court date, though this will result in you giving up your right to appear in court and contest the ticket. This option should be noted on the ticket by the law enforcement officer.

Ignorance of the law

The principle of 'ignorance of the law' holds that a person who is unaware of a law may not escape liability for violating that law simply because they were unaware of its content. This principle is often expressed in Latin as ignorantia juris non excusat ("ignorance of the law excuses not"), ignorantia legis neminem excusat ("ignorance of law excuses no one"), or ignorantia iuris nocet ("not knowing the law is harmful"). The rationale behind this doctrine is that if ignorance were an acceptable defence, anyone charged with a criminal offence could claim ignorance to avoid the consequences.

The principle assumes that laws have been properly promulgated, meaning they have been published and distributed through government journals, newspapers, printed publications, online, or other sources. It is based on the idea that it is the responsibility of individuals to make themselves aware of the laws necessary to engage in any undertakings outside of what is common for a normal person. While it is not expected that everyone will memorise all laws, it is expected that people will respect the law and seek legal advice or information if they are unsure.

In criminal law, ignorance of a law may not clear a defendant of guilt, but it can be considered during sentencing, particularly if the law is unclear or the defendant sought advice from authorities. For example, in a Canadian case, a person was charged with possessing gambling devices after being advised by customs officials that it was legal to import them. Although the defendant was convicted, the sentence was an absolute discharge. In another case, four hunters in British Columbia were acquitted of game offences because the law had been changed while they were in the wilderness hunting and they had no way of knowing about the change.

There are certain circumstances in which ignorance of the law can be a valid defence. These include specific intent crimes, where the prosecution must prove beyond a reasonable doubt that the defendant intended to commit a particular harmful act; differences in state and local traffic laws, where ignorance may be valid if no warnings are posted; and new laws, where the public may not have had sufficient time to become aware of them.

Drinking and driving

The laws on drinking and driving apply to operating a variety of vehicles, including off-road vehicles, snowmobiles, scooters, and even bicycles. The laws also cover boating while intoxicated, flying aircraft, and operating other vehicles such as motorized farm implements. The penalties for drinking and driving can include both criminal and administrative sanctions. Criminal penalties may include jail time and fines, while administrative penalties are imposed by state agencies and may apply even without a conviction.

The process of a drunk driving charge typically involves reasonable suspicion, probable cause, arrest, and criminal charge. During a traffic stop, law enforcement officers look for signs of intoxication, such as the odour of alcohol, slurred speech, and impaired driving ability. If they have probable cause, they will make an arrest and may invoke the implied consent law, which requires the driver to submit to an evidentiary chemical test of blood, breath, or urine. Refusing to submit to such tests can result in additional criminal or administrative penalties in some states.

The National Highway Traffic Safety Administration (NHTSA) estimates that about 18,000 people died in alcohol-related collisions in 2006, representing 40% of total traffic deaths in the US. The risk of a traffic collision increases with a higher BAC, and drivers with a BAC of 0.10% are significantly more likely to be involved in a fatal collision or injury. To combat drunk driving, some states have implemented ignition interlock devices, which require the driver to provide a breath sample before starting the vehicle.

To avoid breaking the law and endangering others, it is essential to refrain from drinking and driving. The legal and personal consequences of drinking and driving can be severe, and it is always better to arrange alternative transportation if you plan to consume alcohol.

Minor law-breaking

It is often claimed that everyone breaks the law, whether they know it or not. Many people are unaware that they are committing criminal offences, as they may not know what the laws are or that they have crossed a legal boundary. Ignorance of the law is not a defence, and so a person who breaks the law unintentionally has still committed a criminal offence.

A poll by onepoll.com found that the average person commits around seven crimes per week. The most common of these minor offences include speeding, talking or texting while driving, dropping litter, illegally downloading music, riding a bicycle on the sidewalk, and not wearing a seatbelt.

Speeding is the most common crime, with 46% of people surveyed admitting to driving over the speed limit. Other driving-related offences include texting or talking on the phone while driving, eating or drinking while driving, and driving through a red light.

Other minor law-breaking includes dropping litter, illegally downloading music, riding a bicycle on the pavement, and not cleaning up after a dog.

Some people may also break the law by having sex in a public place, illegally parking, smoking in a public place, stealing cable TV, or taking a child out of school without permission.

Criminal charges and reputation

Criminal charges can have a significant impact on an individual's reputation, even if they are ultimately cleared of the accusations. The mere fact of being arrested can lead to negative perceptions and societal ostracisation. This can cause emotional distress, as individuals may feel that others assume they are guilty and judge them for their actions.

The impact of criminal charges on one's reputation can vary depending on one's social standing and prominence in the community. For example, a prominent business person, entertainer, or member of a local church may face heightened scrutiny and backlash if accused of a crime. The consequences can extend beyond their personal lives, potentially affecting their professional endeavours and public image.

Ignorance of the law is not a valid defence, and many individuals may unknowingly commit criminal offences. Certain laws and regulations may be unfamiliar to people, leading them to inadvertently break the law. For instance, people may not realise that opening someone else's mail or selling raw milk across state lines are federal offences. College students may also unintentionally commit felonies by photographing or copying books and other materials without permission.

The perception of certain laws as insignificant or trivial can also contribute to unintentional lawbreaking. A sense of social normalcy or acceptance surrounding certain minor crimes may lead individuals to disregard or be unaware of their illegality. For example, a Latino user on Reddit shared that they and those around them regularly break minor laws, such as curfews, traffic signs, and underage alcohol purchase, as these laws are not strictly enforced and are often ignored by law enforcement.

Additionally, the interpretation and enforcement of laws can vary across different states and regions. Speed limit enforcement, for instance, can differ significantly from state to state, with some states being more lenient towards minor speeding offences. This inconsistency can contribute to individuals unintentionally breaking the law when travelling to or through certain states with stricter enforcement.

The consequences of criminal charges, whether for minor or major offences, can be severe and life-altering. While some individuals may escape punishment or legal repercussions, others may face harsh penalties, including incarceration, fines, or a permanent criminal record. The disparity in outcomes for similar actions, as illustrated in the drinking and driving example, underscores the importance of understanding one's legal defence options and navigating the legal system effectively to mitigate potential damage to one's reputation and future prospects.

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