Overview
Traffic violations may not be considered a serious crime; however, they do have serious penalties, such as suspension of your driver’s license, fines, and increased insurance premiums. Regardless of the seriousness of the offense, if you are a repeat offender, you can end up in jail.
An individual can be convicted of a minor traffic offense without criminal intent – known as strict liability. A prosecutor must have evidence that the person charged with the offense committed it. Examples of strict-liability offenses are turning into the wrong lane, failure to use turn signals, driving a car with a headlight that is not working, failure to yield, parking next to a yellow curb, parking at an expired parking meter, and speeding.
Misdemeanors / Felonies
Some traffic offenses are more serious than other ones. If a traffic violation involves injury or destruction of property, it will be charged as a misdemeanor or felony. A serious offense can result in a jail sentence. If an individual changes lanes without using turn signals, hits a car, and causes serious bodily injury to another driver, he or she will be charged with a misdemeanor crime of reckless driving. The charge would be vehicular homicide if the other driver were killed.
A traffic offense can be a minor matter if there is no injury involved. However, there are some instances when they are serious violations. Examples are drunk driving and operating a motor vehicle without a license.
Misdemeanors
Traffic violations that are less serious. The penalties range from paying a fine to jail of less than a year. An example of a less serious traffic misdemeanor is driving without automobile insurance or without a license.
Felonies
These are the most serious crimes. Penalties include a year or more in jail. An example of a traffic felony is a driver who repeatedly drives while under the influence of alcohol or drugs. Another example is vehicular homicide. If you are a convicted felon, you can lose your right to vote. You can also lose your right to be a lawyer, teacher, own a gun and serve in the military. If you are facing your third felony conviction, you can also be facing a Three Strikes law in some states. This can result in a life sentence for you.
State Laws - Speeding
Uniform Vehicle Code §11-801 states, “no person shall drive a vehicle greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.”
Uniform Vehicle Code §11-805(a) states, “no person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic.” Uniform Vehicle Code §11-301(b)
States that a driver driving less than the normal speed of traffic should drive in the right-hand lane.
There are state laws that establish the maximum speed on certain roads. These laws are known as statutory speed limit laws – Uniform Vehicle Code §11-802. The statutory speed limit applies unless there is a posted sign stating otherwise.
Each state or local government has the authority to increase or decrease the statutory speed limits in their jurisdiction. Uniform Vehicle Code §11-803 gives each state the authority to establish different speed limits for highways, vehicles, and other factors to create safe speeds. Examples of speeds other than the statutory speed law are found on highways, near schools, sharp curvy roads, certain vehicles that are over the minimum weight, business areas, and on residential streets. Posted speed limits are presumed to be safe.
Speeding violations vary in each state. A speeding ticket is considered an offense or infraction – not a crime. The ticket can be treated as a misdemeanor under certain circumstances. Even if the traffic laws show that the maximum speed on a road is 55 MPH, a driver doing 55 MPH can receive a speeding ticket if it is unreasonable to do so due to weather or road conditions.
Grounds for Revocation or Suspension
A driver’s license is revoked or suspended if a driver develops a physical disability or mental incapacity after the license was issued. Revocation or suspension is ordered to prevent harm to the people around him or her.
Most states use a point system to determine if a license should be revoked or suspended. Each state has a certain amount of points that will decide this. Driving-related offenses that could cause revocation or suspension are drunk-driving incidents, speeding, reckless driving, failure to pay a fine, etc.
Other grounds not directly related to operating a motor vehicle include the defendant’s continued driving can cause danger to others, making false statements to the DMV, obtaining alcohol with another person’s driver’s license, a minor in possession of alcohol, and using an automobile to commit a crime.
Out-of-state Revocation or Suspension
If your license is revoked or suspended in another state, the state where you reside can continue to revoke or suspend it. Your state of residence must follow the time line and rules of the state that issued the revocation or suspension.
License Revocation
When license revocation takes place, it cannot be reinstated. License revocation is ordered to punish the driver and protect those around him or her. Once the time has expired, a reinstatement hearing and an examination must take place before a new license will be issued.
License Suspension
License suspension happens for a specific period. Once the violation is corrected (obtaining insurance, paying a fine), and the term of suspension comes to end, you will be allowed to drive again. A new license is not required.
Driving with a revoked or suspended license
This is a serious offense. Some states treat driving on a revoked or suspended license as a misdemeanor, while other states treat it as a felony. Consequences for this offense range from paying a fine and a jail sentence to time in a state penitentiary, community service or both. The seriousness of the crime will determine how long a prison sentence you will serve and how many hours of community service you will perform. In addition, your license revocation or suspension can be extended.
The Point System
The point system monitors the driving records of the drivers in the state for 12 to 36 months at a time. Every state is different. Traffic violations are assigned point values. The point value increases with the severity of the violation. When a driver has accumulated a specific amount of points, his or her license will be revoked or suspended. Some states require the driver to attend driver improvement programs. In some states, driving under the influence of alcohol or drugs is enough to revoke or suspend the license – regardless of how many points the driver has. Too many points can result in increased insurance premiums or loss of coverage.
Conclusion
Traffic charges should not be taken lightly because they can affect your life forever. There are all kinds of traffic offenses ranging from minor to serious. If you are charged with a traffic violation, it is important for you to hire an experienced criminal defense attorney who can explain the traffic-violation laws and regulations in your state.
Links to more information
http://www.nhtsa.dot.gov/people/injury/enforce/Summary_StateSpeedLaws.pdf
http://www.aamva.org/InfoFor_Public.htm
http://www.aaafoundation.org/resources/index.cfm?button=linksdmv
http://topics.law.cornell.edu/wex/state_statutes3
http://www.nhtsa.dot.gov/people/injury/enforce/what-happen/index.htm
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