Similarly, you may be charged with a crime if your speeding causes a serious injury or traffic fatality. Being served with criminal charges is very different than receiving a traffic ticket. If you get a ticket, the officer will write a report of what happened, and you may be asked to appear in court or pay a fine, but if you face criminal charges, the officer may choose to arrest you.
To respond to a traffic ticket, you should show up in court if asked and pay the fine. Be sure to listen to what the traffic court tells you. Remember, you can always fight your traffic ticket if you want to , and our firm can help. Criminal charges, on the other hand, require a strong legal defense.
If you need help responding to a misdemeanor or a felony , our team at Foley Griffin is here for you. State laws vary in classifying, processing, and penalizing driving-related offenses. However, traffic offenses are generally classified and penalized according to the particular jurisdiction's law, the offender's prior convictions, and whether the offense involved injuries, death, or property damage.
The majority of driving-related offenses are classified as infractions also called "violations" or "civil infractions". A traffic infraction is the least serious traffic offense and is typically defined as an act or omission that's prohibited by law but isn't a crime.
Common examples of infractions include:. Generally, traffic infractions are "strict liability" offenses , meaning a motorist can be convicted of the infraction regardless of intent.
For example, establishing that a driver exceeded the posted speed limit is sufficient for a conviction—whether the driver knew he or she was speeding is irrelevant.
In many jurisdictions, traffic infractions are further categorized as moving and nonmoving violations. Moving violations are typically more serious than nonmoving violations.
Speeding and running a red light are examples of moving violations. Nonmoving violations include offenses related to illegal parking and defective equipment on the vehicle. In many jurisdictions, traffic infractions are prosecuted in traffic courts, where the procedures are often less formal than in criminal courts. A motorist charged with a traffic infraction usually has several options for resolving the matter.
Most states allow motorists to avoid a court appearance by pleading guilty and paying the fine by mail or online. However, drivers who plead not guilty must appear in court for a bench trial trial by judge. In most states, a traffic infraction can't result in jail time. Potential penalties generally include a fine, traffic school , and demerit points on the motorist's driving record.
If you are considering contesting a ticket, it is important that you do not pay the fine and instead seek legal advice. If you pay the fine, you are effectively admitting guilt and the conviction will stay on your driving record for the period provided for in state law. And, depending on the violation, you risk points being added to your license. In California, a driver who accumulates four or more points in 12 months, six points in 24 months or eight points in 36 months may be considered a negligent driver.
There is more at stake if you are convicted for some of the major: you can be arrested and subsequently imprisoned if you are found guilty. In the event you have been accused of a major traffic violation, you should strongly consider hiring a lawyer. In either circumstance, it is important not to ignore a citation for a moving violation, even if it happened in another state [DL8]. Failing to take action on a moving violation will escalate the problem, leading to increased fines and penalties, loss of access to traffic school and even the possibility of an arrest warrant.
Therefore, it makes sense to get advice immediately so that you can understand and hopefully avoid the negative consequences of a moving violation conviction. We hope this article helped you gain insight on what is a moving violation as defined by your state, specifically.
Off The Record has helped thousands of drivers fight their major and minor moving violations and avoid a moving violation conviction. You can start fighting your ticket through Off The Record today. How it works Help Center For Lawyers. If an individual is not read their Miranda rights, any statements made during an interrogation will be inadmissible in court.
Additionally, the defendant may argue that there was a lack of probable cause for their arrest. Probable cause is the reasonable belief that an individual has committed a crime or will commit a crime. A law enforcement officer must have evidence to support an arrest, not simply a hunch or gut feeling that a crime has occurred. Other defenses may include arguing that an individual did not commit the offense.
A defendant may also argue that the law enforcement officer stopped their car for no legitimate reason. This may be helpful when applying for a job or housing.
The rules and requirements for expungement vary greatly from state to state. It is usually easier to expunge minor crimes and juvenile records. Some states, however, do permit felony expungements. Generally, specific criteria must be met prior to petitioning the court for an expungement.
Depending on the jurisdiction, these may include:. Usually, this petition is filed in the same court where the criminal case occurred. Depending on the jurisdiction, an individual may have to attach information to the petition, such as a certified copy of their criminal record. A traffic offense lawyer can help with this process and advise an individual what criteria need to be met in their state prior to filing the petition.
A lawyer can also assist an individual with filing their expungement petition. Yes, it is important to hire an experienced traffic ticket attorney for any driving offense. It is even more important if it involves felony charges. These charges are very serious and may result in life-long consequences if convicted. A lawyer will review your case, determine if any defenses are available to you, and represent you during court proceedings, if necessary.
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