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INFORMATION ABOUT TRAFFIC VIOLATION LAW
Traffic violations can fall under all three categories of illegal activity, and therefore the offenders can be punished with the corresponding consequences. Though they vary from state to state, here are some examples of which violations are treated as infractions, misdemeanors or felonies:
Infractions
Most traffic violations fall into this category, including potentially harmless moving violations and non-moving violations. Conviction of an infraction usually results in a minor fine and rarely employs a jury trial. However, they are kept on a driver’s record for several years and can have adverse effects on insurance rates.
Misdemeanors
A traffic violation qualifies as a misdemeanor if it harms or could potentially harm the well being of another. Examples of misdemeanors include drunk driving, driving on a suspended or revoked license, reckless driving, driving without proper insurance, and leaving the scene of an accident. Punishments for a traffic misdemeanor are exactly the same as any other misdemeanor: a fine, less than a year of incarceration, or both.
Felonies
Felonies are far more serious and are punishable by a year or more of incarceration. Traffic violations are felonies if the action kills, severely injures, or could potentially severely injure another. Examples of traffic felonies are “hit and run” violations, multiple DUI offenses, and the killing of another with a motor vehicle.
The Difference between a Moving Violation and a Non-Moving Violation
A moving violation is committed by a driver while the vehicle is in motion. Examples of this include speeding, ignoring a traffic signal or stop sign, or driving under the influence. A non-moving violation applies to stationary vehicles. Examples of this are parking violations, such as not paying a parking meter, or malfunctioning equipment on the vehicle, such as burnt-out headlights.
Common Specific Violations
Speeding:
A driver could be pulled over for speeding in two circumstances:
- The driver was exceeding the posted speed limit
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The driver was driving at a speed that was unsafe due to conditions, regardless of whether they were exceeding the posted limit or not
The second instance would usually be weather related. For example, if a driver was driving at the speed limit, but the road was particularly icy, they could be cited for speeding.
Ignoring a traffic signal:
This would include running a stop sign or traffic light. In many states this does not include turning right at a red light when there is no sign prohibiting you to do so, and the traffic conditions allow for the turn to be made.
Driving without a License:
It is unlawful for a driver without a license or with a suspended or revoked license to operate a motor vehicle. In many states this does not include a properly licensed driver operating a vehicle without their license or proof of licensing present. In other words, if you forget your license at home, but have been issued a valid license then you are not breaking the law. However, if you are pulled over for a traffic violation it may aggravate the officer, who would then be more inclined to issue the citation or appear in court if you challenge the ticket.
Driving without Insurance:
It is unlawful to operate a motor vehicle that is not insured, or without being able to prove that you have sufficient funds to cover the costs of a potential accident. Like a driver’s license it is not necessary to carry the actual documentation in most states, you only must later be able to prove that you had insurance at the time the citation was issued.
Seat Belt Laws:
Laws requiring the use of seat belts are in place in most states, though the degree of the violation and possible punishments vary. Some states view the violation as a minor infraction, punishable by a small fine, while other states consider it to be a major moving violation, punishable by a much large fine and a stain on your driving record. Also, most states require the use of a safety seat for children below a prescribed age or weight.
What to do if You are Given a Citation
If you are considering contesting your traffic ticket in court, there are several things you must do. First of all, you must decide whether or not this is a case you can win. Was it obvious to any observer that you were blatantly breaking the law? If it was, then the law enforcement official who pulled you over should have small difficulty in proving your guilt. If this is the case, it would be wise to look up the time limitation of a citation lasting on your record for your particular state. If you haven’t been given a citation over the previous number of stated years, then it may be your best option to attend traffic school. This will keep the citation from putting a splotch on your record and will only take a few hours out of your day.
What to do if You go to Court
If you feel you didn’t violate the law, or that your violation was justified then you may wish to take your case to court. In this case, there are several steps that need to be taken.
First, look up the law that you allegedly violated for your particular district. Many laws have multiple conditions, and if you weren’t violating at least one of those stipulations, then you didn’t break the law. Laws can be extremely particular in setting down exactly what is illegal, and you can use this to your advantage.
Secondly, look up the officer’s notes. This is your right called “discovery” and is a good way to tell what story the officer will give in court. If the notes are incomplete on details you can either attack a detail that was absent which would exonerate you, or you can claim the officer did not have the best observation or judgment of the situation.
Also, reexamine the site of the ticketing. Could the officer’s view have been obstructed? Were the traffic signs or signals obstructed and in proper working order? If not, it would be wise to take photos of the site, proving the existence of the problem.
If you can prove that the law violation was done to avoid immediate harm to yourself or another person, the judge may also see fit to let you go, such as speeding above the legal limit to avoid another vehicle that has lost control. However, you must be able to prove this, since it will be your word against a police officer’s.
Hiring A Traffic Attorney
Depending on the nature and severity of your alleged violation, it may be prudent to contact a traffic violation attorney. A traffic attorney may be able to significantly reduce your penalties or fines. However, if the penalties you are facing are minor, it may not be cost effective to pay a traffic attorney’s fees. If you are interested in finding the right traffic attorney to represent you, please
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