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Traffic
Tickets
Millions of traffic tickets are issued each
year in the United States. The average fine
costs around $150, but in some states, a driver
can be fined up to $2000 or more. The states of
Michigan, New Jersey, New York and Texas have
enacted a Driver Responsibility Program that
establishes a system which assigns points to
moving violations and applies surcharges to
offenders, based on the type of offense. Under
some of these laws, drivers may face a separate
fee after they are convicted or found
responsible for the offense. Due to the
exorbitant fees charged by each state, the
traffic ticket system is an industry generating
billions of dollars each year.
What is a Traffic Violation?
Traffic laws are typically broken up into two
categories; an infraction and a violation. An
infraction is not considered a crime and the
penalty is usually a fine. Most traffic
tickets, such as non-moving violations and
non-dangerous moving violations are considered
infractions.
A violation is more severe although the
definition varies in each state. More serious
violations may be classified as misdemeanor or
felony traffic violations. These may include
driving under the influence (DUI), reckless or
dangerous driving, driving without auto
insurance and failure to stop at the scene of
an accident.
Individuals who are charged with a misdemeanor
or a felony violation are afforded the same
rights as any criminal defendant. They will be
subject to the booking and bail process and
have the right to a trial by a judge or jury.
The offender may be charged with a serious
violation if it caused or threatened to cause
injury to a person or property. Running a stop
sign may only be an infraction of the law.
However, if a pedestrian gets hit, the
infraction may be categorized as a misdemeanor
or even a felony.
Individuals who have repeat DUI offenses, or a
hit and run accident or are involved in an
accident resulting in vehicular homicide will
be charged with a felony. If you have been
charged with a traffic violation, you should
consult with an experienced traffic attorney as
soon as possible. Traffic laws vary in each
state, so it’s important to speak with a
lawyer in the state where you reside or where
you were cited for the offense.
Traffic Tickets: "Strict Liability
Offenses"
The majority of traffic tickets are issued for
"strict-liability" offenses. This means that no
particular criminal intent is required to
convict a person of the offense. The only proof
needed is that the person did the prohibited
act. Strict-liability traffic offenses
typically include such offenses as:
* Speeding
* Failure to use turn signals
* Failure to yield
* Turning into the wrong lane
* Driving a car with burned-out headlights
* Parking in a handicap spot without the
required sticker
* Overdue parking meters
Moving Violations vs. Non-Moving
Violations
A moving violation occurs whenever a traffic
law is violated by a vehicle in motion. Some
examples of moving violations are speeding,
running a stop sign or red light, and drunk
driving. A non-moving violation, by contrast,
is usually related to parking or faulty
equipment. Examples include parking in front of
a fire hydrant, parking in a no-parking zone,
parking in front of an expired meter, and
excessive muffler noise. See our page on Moving
Violations for more detailed information on how
an attorney can assist you.
Processing Traffic Tickets
Many jurisdictions provide for administrative
processing of most traffic tickets as minor
offenses or "infractions", thereby removing
them from criminal court altogether. In those
cases, an offender is not subject to
incarceration or large fines and is not
entitled to a lawyer or a jury trial. The fine
for speeding tickets can be quite large, as
some states impose a fine based on the rate at
which the offender was exceeding the speed
limit. Even though most traffic tickets are
handled in an expeditious manner in the court
system, a "conviction" for a traffic infraction
can have a negative effect on a person's
driving privileges and insurance rates. If you
have an attorney accompany you to traffic
court, you may often be able to get your
charge, and the resulting fine and
consequences, reduced.
Certain traffic violations are considered more
serious than infractions, and can rise to the
level of a misdemeanor crime (or felony),
especially if the offense involves injury to a
person or destruction of property (such as
leaving the scene of an accident). If you have
been accused of a misdemeanor crime or felony,
you need an attorney to represent you in
court.
Get Legal Help Now
Even good, safety-focused drivers can be
charged with a traffic violation. If you have
been charged with breaking a traffic law and
would like to learn more about your rights to
"fight" the ticket, the best place to start is
to speak with an experienced Traffic Ticket
Attorney in your area. A Traffic Ticket
Attorney will evaluate all aspects of your case
and explain all options available to you --
including the administrative procedure and
driving record penalties you can expect -- and
will work with you to ensure the best possible
outcome for your case. Please fill
out the "Legal Help Request Form" above to get
the legal help that you need. Our service is
completely confidential and there is no
obligation! Why wait, get Traffic Law help
now.
Our Team of Advisors Are Ready to Help You
NOW!
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