Traffic Offenses: Defend Your Driving Record
Traffic offenses range from minor violations to serious crimes with dramatically different consequences. A speeding ticket might seem minor, but multiple traffic violations can result in license suspension, increased insurance rates, and points on your driving record that last for years. More serious traffic violations like DUI can result in jail time, license revocation, and criminal records that follow you throughout your career.
Understanding your rights when pulled over and your options when cited helps protect your driving record and your license. Many traffic violations are defensible, and even minor violations can significantly impact your insurance rates and driving privileges. Taking a traffic citation seriously and exploring your options can save you money and prevent long-term consequences.
Types of Traffic Violations
Traffic violations fall into three categories with increasing severity and consequences.
Infractions: Minor violations that are typically not crimes. Speeding, expired registration, broken taillight, and similar violations are infractions. Infractions result in fines but typically no jail time. Infractions go on your driving record and may result in license suspension if you accumulate too many points, but they don’t create a criminal record.
Misdemeanors: More serious violations that are crimes. Reckless driving, driving with a suspended or revoked license, DUI (first offense in many jurisdictions), and hit-and-run are misdemeanors. Misdemeanors can result in jail time (typically up to one year in county jail), fines, probation, and license suspension. A misdemeanor conviction creates a criminal record.
Felonies: The most serious violations. DUI with serious injury or death, habitual traffic offender (multiple serious violations), driving with suspended license after multiple offenses, and hit-and-run causing death are felonies. Felonies carry significant jail time (one year or more in state prison), substantial fines, license revocation, and create a permanent criminal record with serious collateral consequences.
Common Traffic Charges
Speeding: The most common traffic violation. Speed limits vary by location and road type. Penalties depend on how much over the limit you were driving and whether you were in a school zone or construction zone (which typically have enhanced penalties). Speeding fines range from under $100 for minor speeding to several hundred dollars for more serious violations.
Reckless Driving: Driving with willful or wanton disregard for safety. Reckless driving is more serious than speeding because it indicates intentional dangerous conduct. Reckless driving carries harsher penalties than speeding including jail time, substantial fines, and license suspension. Some jurisdictions define racing, excessive speeding, or driving while texting as reckless driving.
Driving Under the Influence (DUI): Operating a vehicle while impaired by drugs or alcohol. DUI is serious—it carries criminal penalties including jail time, license suspension for six months to several years, substantial fines ($1,000+), mandatory drug education programs, and increased insurance rates. A DUI conviction severely impacts employment, housing, and professional licensing.
Driving with Suspended License: Operating a vehicle when your license is suspended or revoked. This is often charged when someone drives after license suspension for unpaid tickets, DUI, or accumulating too many points. Driving with a suspended license is a criminal violation with jail time possible.
Understanding Your Traffic Stop
When pulled over by police, understand your rights and what officers can and cannot do.
You must provide driver’s license, vehicle registration, and insurance information when requested. You can remain silent beyond these basic requirements—you don’t have to answer questions about where you’re going, why you’re speeding, or anything else. You should request a lawyer before answering questions.
Police need reasonable suspicion to stop you—they must articulate some articulable fact suggesting you’ve violated traffic law. They can’t stop you based on hunch or discrimination. If the stop was unreasonable—lacking legal justification—the evidence from the stop may be suppressed and the citation dismissed. Challenging the validity of the stop is a common defense strategy.
Fighting a Traffic Ticket
When cited, you have several options for how to respond.
Pay the Ticket: Paying the ticket is an admission of guilt. This resolves the matter quickly but affects your driving record and insurance rates. Points accumulate on your record. If you accumulate enough points, your license is suspended.
Request a Hearing: You can contest the violation before a judge. You can present evidence and cross-examine the officer. Many people are surprised to learn that judges take traffic hearings seriously and will dismiss citations if the prosecution doesn’t meet its burden. If the officer doesn’t appear (common in some jurisdictions), the citation may be dismissed. Even if you think you were speeding, challenging the officer’s method of determining your speed can result in dismissal if that method is questionable.
Negotiate: Work with the prosecutor to reduce charges or negotiate a settlement. Prosecutors sometimes agree to dismiss speeding charges or reduce charges to non-moving violations that don’t affect your driving record.
Challenge Evidence: Question how the officer determined your speed (radar, laser, visual estimate), challenge the accuracy of the equipment, or point out conditions that made accurate observation difficult.
Consequences of Traffic Convictions
Traffic violations affect far more than your wallet.
Points on your driving record accumulate. After a certain number of points (typically 12-15 depending on jurisdiction), your license is suspended. The suspension lasts months or years depending on the circumstances. Insurance premiums increase substantially after violations—you can expect 20-50% increases. Some insurers cancel policies after violations.
Serious violations result in license suspension (DUI, reckless driving, driving with suspended license). License suspension prevents you from driving legally and can severely impact employment and daily life. Criminal records from misdemeanor and felony convictions have lifelong consequences for employment, housing, and professional licensing.
Traffic Violation Questions
Q: Should I pay my ticket or fight it?
A: It depends on the circumstances and your driving record. If this is your first violation and the violation is minor, paying might be the practical choice. If you have multiple violations already and another point will result in suspension, fighting the ticket makes sense. If you believe the stop was illegal or the evidence is weak, fighting the ticket could result in dismissal.
Q: What’s the difference between a ticket and an arrest?
A: A ticket allows you to sign and go; your citation is proof you’re required to appear in court or pay the fine. An arrest takes you into custody. You’re booked, fingerprinted, possibly held in jail pending bail hearing, and appear before a judge. Arrests are more serious than citations, though serious citations can result in arrest if not paid.
Q: How long do traffic violations stay on my record?
A: Typically 3-10 years depending on jurisdiction and violation type. Minor infractions may remain 3 years; serious violations 7-10 years. After the applicable time period, the conviction may not appear on background checks, though a permanent record exists.
Q: Can traffic violations be expunged?
A: Some jurisdictions allow expungement of minor violations, especially with a clean record afterward. Serious violations and DUI convictions typically cannot be expunged. Consult an attorney about expungement possibilities in your jurisdiction.
This Is How We Can Help You
If you’ve received a traffic citation, we can review it and advise you on your options. Many citations are defensible, and we work to help you protect your driving record. We represent you in traffic court, challenge the officer’s evidence, negotiate with prosecutors, and work toward the best possible outcome. If you’re facing license suspension due to accumulating points, we explore options including requesting a hearing before the licensing agency and seeking hardship licenses. For serious traffic violations like DUI, we provide aggressive defense to protect your rights.
Ready to move forward? Call (208) 555-0123 or contact us online to discuss your situation.
