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Warren & Migliaccio

Traffic & Misdemeanors Print E-mail

Traffic Violations

The total amount of a traffic fine is made up of amounts required to be paid by state laws as well as county and city ordinances, which vary by jurisdiction. There are three levels of severity of traffic violations: infractions, misdemeanors, felonies. Most traffic violations are infractions, but some, like vehicular manslaughter, are felonies.

Warren & Migliaccio Traffic and Misdemeanor Law

Infractions are not punishable by jail or prison and not always subject to trial by jury; the punishment is a fine. The more common traffic infractions include speeding and running a red light or stop sign. Drivers stopped for moving violations are usually released after they sign a Note to Appear, printed on the ticket, agreeing to appear at a set date and time. The traffic ticket provides information about when to appear in court.

Drivers charged with an infraction who want to admit guilt can avoid a court appearance by paying the fine in person or by mail. If drivers do not pay the traffic fine within the authorized time, their driver's license may be suspended or a warrant of arrest may be issued. Usually they  will not be able to renew their vehicle registration until they have paid all outstanding citations and administrative costs in full.

Drivers who plead not guilty and request a trial may be required to post bail or sign a written document to appear in court. If they fail to appear, they will be charged with the additional misdemeanor of violating their agreement to appear. In this case, a warrant may be issued for their arrest and their driver's license may also be suspended.

Upon receipt of a traffic citation, a driver may have the following options:

  1. Pay the ticket.
  2. Go to Driver's Improvement School.
  3. Contest the ticket in court.

The traffic fine may result in a loss of driving privileges and higher insurance rates. In some jurisdictions, damage to the driving record may be waived upon completion of a driver's improvement course. Local laws should be consulted for the specific requirements in your area.


Misdemeanors

A misdemeanor is an offense for which a sentence to a term of imprisonment not in excess of one year may be imposed. A misdemeanor is less serious than a felony and is punishable by fine or imprisonment in a city or county jail rather than in a prison.

Misdemeanors are tried in the lower courts, such as municipal, county or justice courts. Typical misdemeanors include: petty theft, disturbing the peace, simple assault, driving while intoxicated without injury to others, public intoxication, various traffic violations, public nuisances. The District Attorney may have discretion to charge some crimes as either a felony or a misdemeanor, depending on the circumstances.

Misdemeanors may be classified by level of seriousness. More serious misdemeanors carry harsher penalties. The classification of misdemeanors varies by jurisdiction and crime. Typically, when misdemeanors are classified into categories, a Class A misdemeanor is more severely punished than lower level Class B and even lower level Class C misdemeanors.


 
  
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