Most traffic tickets can be processed as minor violations in many jurisdictions. This effectively serves to lighten the burden on their court systems. In cases such as these, the offender is not in danger of being placed in jail and will usually only pay a fine that is small enough not to require an attorney or a trial by jury.
Speeding Ticket Fines
In some cases, though, a speeding ticket fine can become quite large, since the fine is usually based on the number of mph that the offender went over the limit. This type of situation may require an attorney. It should be noted that even though a traffic violation can be processed in an expedient manner, there will still be a negative impact on the offender’s driving record. This can affect auto insurance rates and driving privileges.
Serious Traffic Violations
There are certain types of traffic violations that will be considered more serious than merely code infractions. These violations can be raised to the level of misdemeanor or even felony crimes. This is especially true in cases that involve destruction of property or personal injury. Included in these crimes is a situation where the offender is caught leaving the scene of an accident. Those who stand accused of criminal traffic violations are entitled to all the rights afforded anyone who is accused of a crime. These rights will include having a court appointed attorney, a trial by jury, etc.
Misdemeanor and Felony
In general, a traffic violation will become a misdemeanor or a felony (in most states) if: there is injury inflicted as a result of the violation, there is destruction of property or there was a genuine threat of personal injury or property destruction. This will vary from state-to-state and while going through a red light might constitute a misdemeanor – hitting another vehicle and causing an injury (or death) will raise the offense to a felony. Some traffic offenses can be labeled as misdemeanors from the very beginning – such as driving on a revoked license, reckless driving or leaving the scene of an accident. In all of these cases, the accused has the right to a fair hearing with an attorney and possibly a jury trial.
Please note that this article is for informational purposes only and is not intended as legal advice.
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