Traffic Offenses

Traffic offenses, also known as traffic violations, occur when drivers violate traffic laws. These are laws that regulate the operation of vehicles on public highways and streets. Different states have different motor vehicle codes that motor vehicle operators are required to abide by. These laws are designed to keep road users safe. Violating these codes will result in punishment that may be imposed through an agency of enforcement or the court system. Read more about criminal defense by clicking the link. Types of traffic offenses Traffic offenses are categorized based on the level of seriousness of the offense. Most states categorize traffic offenses as: ● MisdemeanorsrnMany traffic offenses that are reported on a day to day basis are categorized as misdemeanors or infractions. These traffic violations are less serious and can typically be dealt with without the need for a lengthy criminal trial. They often involve acts or omissions that are prohibited by law. However, these are not considered criminal acts. Examples of misdemeanors include seeding, failing to signal, driving with broken tail lights and failing to stop or yield. Misdemeanors, in many jurisdictions, are considered strict liability offenses. This means that the motorist can be convicted of the offense irrespective of intent. For example, a driver will be charged with speeding if they exceed the speed limit even if they were unaware that they were speeding. ● FeloniesrnFelonies include more serious traffic offenses. These traffic offenses are considered criminal traffic offenses as they are punishable by imprisonment. Offenders that are convicted of a felony face a year or more of imprisonment.rnSome examples of traffic offenses that are considered felonies include:rno Driving under the influence of drugs or alcohol (DUI)rno Reckless drivingrno Driving with a revoked or suspended driving licensesrno Vehicular homiciderno Hit and run In many jurisdictions, intent is a requirement for conviction for these traffic offenses. For example, if a driver accidentally hits and injures a pedestrian that walked onto the road while texting, the driver may not be convicted. Some misdemeanors may be categorized as felonies in some instances. There are many states that elevate traffic offenses from misdemeanors to felonies if the driver is a repeat offender or if the offense involved serious injuries, death or extensive property damage.rnConsequences of traffic offensesrnState laws that govern how traffic offenses are classified, processed and penalized vary. ● Consequences for misdemeanorsrnMisdemeanors in many jurisdictions are prosecuted in traffic courts. Offenders have various options of approaching their charges. They may plead guilty and pay the fine and thereby avoid appearing in court. They may plead not guilty and defend themselves in a bench trial. Offenders may hire an attorney to assist them in this instance. Misdemeanors often result in fines, a requirement to attend driving school and demerit points. Repeat offenders may face some jail time. Accumulation of demerit points on a driver’s record can result in increased insurance premiums or the suspension of their driving license. ● Consequences of feloniesrnFelonies are dealt with in criminal court. Offenders that are charged with these crimes must appear in court for an arraignment. The defendant has the right to representation by an attorney (court-appointed or private) and a jury trial. A conviction for a felony often results in imprisonment. Other penalties for these crimes may include fines, probation, community service, suspension or revocation of your driving license, impoundment or your vehiclern and demerit points on your driving record.rnDo you need a criminal defense lawyer https://www.justia.com/criminal/offenses/traffic-offenses/ for a criminal traffic offense? When a driver is charged with a criminal traffic offense, they have the right to a jury trial. It is the responsibility of the prosecution to prove beyond a reasonable doubt that the driver committed the crime. Because the consequences of a conviction for a criminal traffic offense are serious, it is important to have an experienced criminal defense lawyer fighting on your behalf. An experienced defense will examine your case and advise you on the possible consequences of a conviction. They will also advise you on the best approach for your case. Experienced lawyers use their resources and experience to investigate the case, gather evidence and defend you in court. They will fight to get your sentence reduced or to have the charges against you dropped. Hiring professional legal help will improve the outcome of your case.