Traffic Law Violation: Criminal Or Civil Offense?

Traffic violations can range from minor infractions to serious criminal offenses, and the consequences can vary from fines to jail time. While some traffic violations are considered misdemeanors or felonies, others are classified as civil or criminal offenses. In some states, minor traffic offenses are considered misdemeanors, which can lead to immediate arrest and jail time. However, the majority of states have reclassified most minor traffic offenses as civil offenses, where drivers may still face penalties such as fines or license suspension. Understanding the differences between types of traffic violations is crucial for drivers to protect their driving records and avoid criminal charges.

Speeding and other minor infractions

The procedures for minor traffic violations are less formal than for more serious violations. In most states, cases involving minor driving violations go to traffic court, which is different from criminal court. Defendants in minor traffic violation cases do not usually have the same rights as criminal defendants. For example, they do not have the right to a jury trial or to a court-appointed attorney.

While minor traffic violations are generally punished with a fine, they can still have significant consequences. In some states, minor traffic violations are considered misdemeanours, which could result in jail time, probation, or further criminal sanctions. Additionally, minor traffic violations can result in higher insurance premiums, depending on the insurer.

Some common examples of minor traffic violations include:

• Speeding
• Running a red light
• Failing to yield
• Failing to signal
• Parking violations
• Expired registration or insurance
• Failure to wear a seatbelt
• Illegal passing
• Improper lane changes
• Passing a school bus
• Speeding in a school or construction zone

Criminal traffic offenses

Traffic violations can be classified as either civil or criminal offences. Ordinary traffic violations, such as speeding or running a red light, are typically considered civil infractions and may result in a fine or points on a driver's license. However, more serious traffic violations, such as those that cause injury or property damage, can be classified as criminal offences, carrying more severe penalties, including jail time and a criminal record.

Criminal traffic offences often fall into two categories: misdemeanours and felonies. Misdemeanours are less serious crimes, generally punishable by a fine or jail time of less than a year. 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 license, and driving without insurance. These violations can still result in being taken into custody and having to post bail before a court date.

Felonies, on the other hand, are typically the most serious crimes in any criminal justice system. A felony is any crime punishable by more than a year in prison or death. Examples of felony traffic violations include repeat DUI/DWI convictions, certain hit-and-run offences, and vehicular assault or homicide. Felony convictions can have long-term impacts, affecting employment, housing, and various aspects of daily life.

In addition to misdemeanour and felony classifications, the specific penalties for criminal traffic offences vary depending on the state and the severity of the offence. For example, driving without a license in New York may result in up to 15 days in jail, while the same offence in Tennessee can carry a sentence of up to 30 days. Similarly, reckless driving in New York may result in up to 30 days in jail, while in Tennessee, the penalty can be up to 6 months.

It's important to note that criminal traffic violations can have significant repercussions beyond the initial penalties. These violations go on both an individual's driving and criminal records, impacting insurance premiums and future opportunities. Seeking legal advice from an experienced attorney is crucial to understanding the specific charges, potential defences, and ways to minimise punishment and the long-term impact on one's life.

Misdemeanors and felonies

Traffic violations can be classified as infractions, misdemeanours, or felonies. Infractions are administrative violations that don't carry penalties as serious as misdemeanours or felonies. They include things like speeding or running a red light, which usually result in a fine and points on a license.

Misdemeanours and felonies, on the other hand, are more serious and go on your criminal record. A misdemeanour is a less serious crime, generally punishable by a fine or jail time of less than a year. Common examples of misdemeanour traffic violations include driving under the influence of alcohol or drugs, failing to stop at the scene of an accident, driving without a valid license, and driving without insurance.

Felonies are typically the most serious crimes in the criminal justice system. A felony is any crime punishable by more than a year in prison or death. Examples of felony traffic violations include vehicular assault, driving with a revoked license, and leaving the scene of an accident (hit and run).

The consequences of misdemeanours and felonies can be long-lasting and substantially impact your life. For example, a felony conviction can affect employment opportunities, housing applications, and various aspects of daily life. It's important to take traffic charges seriously and consult with a criminal defence attorney to understand your rights and protect yourself from harsh consequences.

Driving without a license

Driving without a valid license is a criminal charge that can result in a permanent criminal record. While the penalties vary depending on the state and the driver's record, it is generally considered a serious offense due to its potential impact on public safety.

Penalties for Driving Without a License

In Pennsylvania, driving without a license is a summary offense, punishable by a fine of $25 for a first offense. If you are caught driving without a valid license and have a revoked license, you may face up to $200 in fines. Additionally, a summary offense can leave a permanent mark on your criminal record, affecting your employment and insurance rates.

In Florida, driving without a license is a second-degree misdemeanor, punishable by up to 60 days in jail and potential financial penalties. The state considers this a serious offense as unlicensed drivers may be unaware of the rules of the road, posing a risk to public safety.

Similarly, in Virginia, driving without a valid license is treated as a misdemeanor crime. A first offense can result in up to six months in jail and a maximum fine of $1,000. Subsequent offenses carry harsher penalties, with up to a year in jail and a maximum $2,500 fine.

Defenses for Driving Without a License

There are several potential legal defenses for driving without a license. These include possessing a valid out-of-state or foreign driver's license, being unlawfully stopped or detained, or not actually driving on a public road or highway. Additionally, if you obtain your license shortly after being stopped, you may be able to get the charges reduced.

Recommendations

It is important to consult with an attorney if you are facing charges for driving without a license. They can help navigate the legal system, craft a viable defense, and ensure your rights are protected.

Reckless driving

In the United States, reckless driving is defined by federal and state laws and can result in criminal charges. The specific penalties for reckless driving vary by state, but generally include fines, imprisonment, and the suspension or revocation of a driver's license. In some states, a reckless driving conviction can also result in community service, probation, or participation in a DUI program or other corrective driving program.

The Federal Motor Carrier Safety Administration (FMCSA) defines reckless driving as "driving a motor vehicle in willful or wanton disregard for the safety of persons or property." This definition emphasizes the conscious or intentional indifference to the rules of the road and the operation of a vehicle, with knowledge that damage could be done.

To be cited for reckless driving, a driver must typically demonstrate something more than mere negligence in the operation of a vehicle. However, they can be cited even if no accident or property damage occurred. There are many behaviors and specific violations that can be deemed reckless, including:

• Excessive speeding (e.g., 25 mph or more over the posted speed limit)
• Running red lights or stop signs
• Failing to yield the right-of-way to other vehicles and pedestrians
• Driving under the influence or while intoxicated
• Racing other vehicles
• Evading law enforcement
• Passing on a two-lane highway over a double yellow line
• Passing a stopped school bus
• Texting while driving

Frequently asked questions