02:18
Faizan
Traffic violations may be a common occurrence, but some acts can place the public in serious danger. For minor traffic violations, you can simply pay the ticket and move on with your life, but this is not the case if you are hit with a DUI or other criminal charge. As the seriousness of the charge increases, so do the penalties and your rights if you go to court.
Infractions vs. Misdemeanors and Felonies
A traffic violation may be classified as either an infraction, misdemeanor or felony. Infractions are offenses that carry the potential for only small fines and no jail or prison time. Because you do not face the potential for jail time, you do not have the right to have an attorney appointed nor may you request a jury trial. By contrast, states typically refer to misdemeanors as crimes that are punishable by up to a year in jail, while felonies are more serious crimes that can lead to a year or more in prison. Here, you would have a legal right to have an attorney appointed, and you may request a jury trial.
Traffic Infractions
Minor traffic violations, such as speeding or running through a red light, generally fall under the category of infractions. As such, you are typically not required to attend a hearing if you plead guilty and pay the ticket. However, if you plead not guilty, you likely will be required to attend a hearing. Although you won't face incarceration, state law may impose other types of penalties, such as fines, community service, driving school or points on your driving record.
Traffic Crimes
By contrast, actions which place other drivers on the road at serious risk could lead to misdemeanor or felony charges. Examples include driving while intoxicated, street racing, reckless driving, evading police or a hit and run. After being charged with a misdemeanor traffic violation, a hearing is automatically scheduled, and you are required to appear even if you intend to plead guilty. In addition to the penalties that can be imposed for minor traffic violations, you may face larger fines, incarceration and license suspension.
Criminal Procedure
Although you may request a hearing to fight a traffic citation, the process is a bit different than if you are facing criminal charges. For a citation, you likely will have only one hearing before the judge to present your side of the case, after which the court will make a decision. By contrast, with criminal charges, you typically start off with an initial appearance or an arraignment, where you will enter your plea, such as "guilty" or "not guilty." If you plead not guilty, the court may require you to post bail, which is an amount of money you will get back when you return for trial. The court may then hold additional pretrial hearings, and during this time you may engage in "plea bargaining," which involves negotiating a deal with the prosecutor where you may admit to guilt in exchange for a lesser charge or penalty. If you cannot reach a deal with the prosecutor, the case heads to a trial, which is the final hearing where the judge or jury determines your guilt.
Infractions vs. Misdemeanors and Felonies
A traffic violation may be classified as either an infraction, misdemeanor or felony. Infractions are offenses that carry the potential for only small fines and no jail or prison time. Because you do not face the potential for jail time, you do not have the right to have an attorney appointed nor may you request a jury trial. By contrast, states typically refer to misdemeanors as crimes that are punishable by up to a year in jail, while felonies are more serious crimes that can lead to a year or more in prison. Here, you would have a legal right to have an attorney appointed, and you may request a jury trial.
Traffic Infractions
Minor traffic violations, such as speeding or running through a red light, generally fall under the category of infractions. As such, you are typically not required to attend a hearing if you plead guilty and pay the ticket. However, if you plead not guilty, you likely will be required to attend a hearing. Although you won't face incarceration, state law may impose other types of penalties, such as fines, community service, driving school or points on your driving record.
Traffic Crimes
By contrast, actions which place other drivers on the road at serious risk could lead to misdemeanor or felony charges. Examples include driving while intoxicated, street racing, reckless driving, evading police or a hit and run. After being charged with a misdemeanor traffic violation, a hearing is automatically scheduled, and you are required to appear even if you intend to plead guilty. In addition to the penalties that can be imposed for minor traffic violations, you may face larger fines, incarceration and license suspension.
Criminal Procedure
Although you may request a hearing to fight a traffic citation, the process is a bit different than if you are facing criminal charges. For a citation, you likely will have only one hearing before the judge to present your side of the case, after which the court will make a decision. By contrast, with criminal charges, you typically start off with an initial appearance or an arraignment, where you will enter your plea, such as "guilty" or "not guilty." If you plead not guilty, the court may require you to post bail, which is an amount of money you will get back when you return for trial. The court may then hold additional pretrial hearings, and during this time you may engage in "plea bargaining," which involves negotiating a deal with the prosecutor where you may admit to guilt in exchange for a lesser charge or penalty. If you cannot reach a deal with the prosecutor, the case heads to a trial, which is the final hearing where the judge or jury determines your guilt.
Posted in: Driving Tips
