Traffic Violations: Are They Breaking The Law?

Traffic violations are an inevitable part of driving, and while most are considered minor infractions, they can have serious consequences for drivers. A traffic violation occurs when a driver breaks one of the laws regulating motor vehicle operation on streets or highways. These laws are in place to deter unsafe driving and educate drivers, with the primary goal of improving road safety. While minor infractions, such as speeding or failing to signal a turn, typically result in tickets and fines, more serious violations can lead to license suspension, jail time, and even felony charges. Understanding the distinction between major and minor violations is crucial for drivers to grasp the legal landscape of road safety and avoid endangering themselves and others.

Misdemeanours vs. felonies

Traffic violations are breaches of the laws and ordinances that regulate motor vehicle operation on streets and highways. Most traffic violations are considered infractions, which are minor offences that carry relatively small fines. However, more serious traffic violations can be categorised as misdemeanours or felonies.

Misdemeanours are less serious crimes, generally punishable by a fine or incarceration in the county jail for less than one year. Common examples of traffic misdemeanours include driving under the influence of alcohol or drugs, failing to stop at the scene of an accident, driving without a valid driver's license, and driving without insurance.

Felonies, on the other hand, are the most serious criminal offences, typically carrying a sentence of more than one year in state prison or even the death penalty. Examples of traffic felonies include multiple DUIs and vehicular homicide.

Factors Affecting Classification

The classification of a traffic violation as an infraction, misdemeanour, or felony depends on several factors, including the jurisdiction, the offender's prior convictions, and whether the offence involved injuries, death, or property damage. In most states, a traffic violation becomes a misdemeanour or felony if it causes injury to a person or destruction of property, or creates a real threat of such harm.

Consequences

The consequences of a traffic violation vary depending on its classification. Infractions typically result in fines and demerit points on the driver's record. Misdemeanours may result in fines, jail time of up to one year, probation, and other penalties. Felony convictions can lead to lengthy prison sentences, significant fines, and various restrictions on individual rights, such as the right to serve on a jury, own a gun, or serve in the military.

Moving vs. non-moving violations

A traffic violation is when a driver breaks one of the laws that regulate motor vehicle operation on streets or highways. A traffic ticket is a minor offence, but it can have serious consequences for the driver.

There are two types of traffic offences: moving and non-moving violations. Moving violations occur when a vehicle is in motion, and non-moving violations occur when a vehicle is stationary.

Moving Violations

Moving violations are considered more dangerous and are generally penalised more severely than non-moving violations. They are considered a traffic infraction due to the manner in which the driver was operating the car. Moving violations include:

• Speeding
• Reckless driving
• Driving under the influence of drugs or alcohol
• Driving without insurance
• Running a red light
• Embracing another person while driving
• Attempting to elude a police vehicle
• Driving with a suspended or revoked license
• Driving without working headlights or taillights
• Not having children adequately secured in the vehicle
• Hit-and-runs
• Driving on the wrong side of the road
• Improper lane change
• Following too closely
• Failure to signal
• Using a personal electronic device while driving

Non-Moving Violations

Non-moving violations are usually related to parking or faulty equipment. They are considered lesser infractions, but they can still be added to your driving record and may remain there for up to five years. Non-moving violations include:

• Parking in front of a fire hydrant or in a crosswalk
• Expired tags
• Talking on your cell phone
• Vehicle safety violations
• Registration and licensing offences
• Illegal parking violations
• Tickets issued by a camera
• Paperwork violations relating to insurance, your license, or your vehicle registration

Strict liability

A traffic violation is when a driver breaks one of the laws that regulate motor vehicle operation on streets or highways. Most traffic violations are considered infractions, which are civil violations issued by local law enforcement, and typically result in a ticket and a small fine. However, more serious traffic violations can be categorized as misdemeanors or felonies, which carry much harsher penalties.

Most minor traffic tickets are strict liability offenses, also known as "per se" or "malum prohibitum" offenses. Strict liability means that the driver's intent is irrelevant to the crime. Once the act occurs, the driver has committed the crime. The only proof needed is that the person committed the act. For example, if a school zone has a posted speed limit of 25 mph, and a driver goes through it at 50 mph, their intent to speed does not matter.

• Failure to signal a turn
• Driving a car at night without headlights
• Parking in a fire lane
• Driving with expired inspection or registration stickers
• Overdue parking meters
• Turning into the wrong lane
• Parking in a handicapped spot without the required sticker

When dealing with minor traffic offenses, the process is usually administrative, meaning that they are not handled in criminal court. However, some traffic violations are more serious and can lead to a felony.

Traffic violations and insurance

Traffic violations can have a significant impact on insurance rates and an individual's ability to obtain insurance. While non-moving violations, such as parking tickets, typically do not affect insurance rates, moving violations like speeding or running a red light usually result in higher premiums. The increase in insurance rates depends on the insurer, the state, and the driver's record. For example, a driver with a single speeding ticket may not experience any change in their insurance rates, while a driver with multiple violations is more likely to face higher premiums.

In addition to higher premiums, traffic violations can also lead to other insurance-related consequences. Surcharge points, which are assigned to certain violations, can accumulate and result in increased insurance rates over time. Repeated or severe violations may prompt an insurance company to discontinue a policy or refuse to renew it when it expires. Furthermore, certain violations, such as DUI or reckless driving, may require an SR-22 certificate, which often results in substantially higher insurance rates.

The impact of traffic violations on insurance can vary depending on the specific circumstances and the discretion of the insurer and the state. It is advisable for drivers to be aware of the potential consequences of traffic violations and to prioritize safe and legal driving practices to avoid legal complications and contribute to safer roads.

Moreover, traffic violations can also lead to other penalties and consequences beyond insurance. These can include fines, driver's license suspension or revocation, and even jail time in more serious cases. It is important for drivers to understand the potential repercussions of their actions and take responsibility for adhering to traffic laws and regulations.

Fighting a traffic ticket

Traffic violations are typically classified as "infractions", which are less severe than misdemeanours or felonies. Infractions usually result in a fine and don't become part of a criminal record. However, more serious traffic violations can be classified as misdemeanours or felonies, which carry much harsher penalties.

If you receive a traffic ticket, it is important to address it promptly. Failure to pay a ticket or appear in court to fight it can result in serious consequences, such as arrest, prison time, hefty fines, or a suspended or revoked driver's license.

• Understand the options: In most cases, you have two choices: plead "not guilty" and contest the ticket in traffic court, or opt for a "no contest" plea, which doesn't admit guilt but also doesn't contest the charges.
• Consider the consequences: A guilty plea typically results in a fine and may lead to a conviction on your driving record. This could impact employment opportunities, increase insurance premiums, or result in the suspension of driving privileges.
• Decide whether to hire a lawyer: For minor traffic violations, you may not need a lawyer. However, for more complex cases or serious charges, it is advisable to seek legal representation. A lawyer can help you navigate the process, improve your chances of a favourable outcome, and ensure your rights are protected.
• Gather evidence: If you decide to fight the ticket, collect any evidence that supports your case, such as photos, videos, or witness statements.
• Prepare your defence: Build a strong defence by researching the relevant traffic laws and regulations. Understand the specific violations you are being charged with and identify any mitigating circumstances that may work in your favour.
• Attend the hearing: Present your case to the judge and provide evidence that supports your defence. If you have witnesses, ensure they are available to testify on your behalf.
• Know your rights: Be aware of your right to appeal if found guilty. Understand the process and deadlines for filing an appeal.
• Stay organised: Keep track of important dates, such as court appearances or deadlines for submitting evidence or filing appeals.
• Explore alternative options: In some jurisdictions, you may have the option to attend traffic school as an alternative to fighting the ticket in court. Successful completion of a traffic school course may result in the dismissal of the ticket or a reduction in penalties.
• Be proactive: Address the traffic ticket as soon as possible. Failing to take action within the specified timeframe can result in additional penalties and make it more difficult to fight the ticket successfully.

Frequently asked questions