FindLaw | Find a Lawyer. Find Answers.
Are you a legal Professional?
| Featured Legal Services | |
|
(909) 592-1200
|
|
Misdemeanor & Felony Traffic Offenses
Most traffic tickets are issued for traffic offenses called "infractions" -- including tickets for mechanical violations and most non-dangerous moving violations. Infractions do not usually carry the same stigma and penalties as serious criminal offenses. But certain traffic-related offenses are categorized as "misdemeanors" or even "felonies", and can result in more significant fines, loss of driving privileges, or even imprisonment.
Generally speaking in most states, a traffic violation becomes a misdemeanor or felony if it:
- Causes injury to a person or destruction of property, or
- Creates a real threat of injury to a person or destruction of property.
Going through a red light may be a misdemeanor in one state, for instance, but it becomes a felony if the driver maliciously hits another vehicle in the intersection and an occupant of that vehicle dies. In addition, some traffic offenses are defined as misdemeanors or felonies from the outset, such as driving with a revoked license, leaving the scene of an accident, or reckless driving.
People accused of these more-serious traffic violations are entitled to all constitutional protections provided to criminal defendants, including the right to a court-appointed attorney and a jury trial. Following is a discussion of traffic misdemeanors and traffic felonies.
Traffic Misdemeanors
The criminal justice system would quickly be overwhelmed if every minor breach of the law required a full criminal trial. Therefore, less egregious traffic violations are often treated as misdemeanors (although many minor traffic offenses are considered even less severe "infractions"). Misdemeanors are less serious crimes, generally punishable by a fine or incarceration in the county jail for less than one year. Although precise classifications vary on a state-by-state basis, common examples of traffic misdemeanors 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,
- Driving without insurance, and
- Reckless driving.
FAQs
- Aren't radar detector devices the best way to avoid speed traps and radar guns?
- I got stuck in a speed trap. What can I do about it?
- Does the law entitle me to a jury for a driver's license suspension/revocation hearing ?
- Am I entitled to notice and a hearing before the state revokes my driver's license?
- What are the elements of a speeding charge?
Fast, free & easy LegalConnection.
Download more than 50,000 state-specific legal forms. Real estate documents, power of attorney forms, wills, employment contracts, divorce and separation agreements and much more.
Fast and friendly legal document service from LegalZoom, the #1 online legal document service