Traffic violations are the most commonly penalized crime in the United States.  And it likely comes as no surprise to hear that all traffic violations are not considered equal.  While certain traffic violations are relatively minor and therefore carry relatively small penalties, other traffic violations are much more serious and can carry relatively serious penalties.

While all states have systems in place to keep track of the types and severity of traffic violations, the most common method that is used by many of the states is a points system.

A Definition

Points systems are exactly that: systems that assign points of varying amounts to a person’s driving record based on the specific traffic violations that person commits.  In general, less serious offenses are assigned lower point values—perhaps only one or two points—whereas more serious offenses are assigned higher point values—perhaps as many as five or six points.

As an individual commits traffic violations, points are attached to their driving record.  As time passes, points on the individual’s driving record age off.

States with points systems will have defined limits as to the number of points a person can receive during a set timeframe.  If the person accumulates enough points to reach the limit, their license may be suspended or revoked.

Examples

There are a wide variety of traffic violations for which you can receive a ticket and therefore have points attached to your driving record.  These traffic violations include but may not be limited to the following:

• Driving no more than ten miles per hour above the speed limit
• Refusing to allow a police officer to administer a breathalyzer or other test for blood alcohol when under 21 years of age
• Running a red light or stop sign
• Passing illegally
• Driving between 10 and 15 miles per hour above the speed limit
• Failing to stop for a school bus when it is dropping off or picking up children
• Driving under the influence of controlled substances when under 21 years of age
• Driving between 16 and 20 miles per hour above the speed limit
• Failing to yield to an ambulance, fire truck, or other emergency vehicle
• Committing a felony while driving
• Driving under the influence of controlled substances when over 21 years of age
• Leaving the scene of an accident
• Reckless driving
• Refusing to allow a police officer to administer a breathalyzer or other test for blood alcohol when over 21 years of age
• Fleeing from a police officer

In general the points noted above are listed for least severe to most severe, but the exact point values assigned to a given traffic violation will vary from state to state.

Insurance

Insurance companies generally have information to points systems.  Based on the points a person has accumulated, an automobile insurance company may raise the insurance rates of that person, as points may be considered an indication of someone who is driving in an unsafe manner and there the insurance company must charge a higher rate to address the increased risk.

Legal Aid

Remember the information above is general in nature and should not be considered legal advice.  If you have received a ticket for one or more traffic violations and you want to understand your options outside of just paying the fine or how they will affect your driving record, you can speak with a criminal defense attorney who specializes in traffic violations.  A criminal defense attorney who specializes in traffic violations will understand the traffic laws in your state and can advise you as to your options based on those laws and the tickets you have received.

Related articles

• Traffic Violations, Part 4 – Defenses Against a Ticket (criminaldefensehome.com)
• Traffic Violations, Part 3 – Deciding to Fight a Ticket (criminaldefensehome.com)
• Traffic Violations, Part 2 – Outside a Motor Vehicle (criminaldefensehome.com)
• Traffic Violations, Part 1 – Common Motor Vehicle Laws (criminaldefensehome.com)
• Is it worth it to go to traffic school? (criminaldefensehome.com)

When you receive a traffic ticket, you do not by default have to give in, admit guilt to it, and pay your fine.  You can fight the traffic ticket.  And depending on the circumstances and the jurisdiction where you received the ticket, you often have several different options as to how you can successfully fight traffic violations.

Not Paying the Fine

Before we dive into the most common ways you can fight a ticket, it is important to remember not to pay the ticket.  When you pay the fine associated with a traffic ticket, you have essentially admitted guilt to the traffic violation in most jurisdictions.  Once you have paid a traffic ticket, you generally will not have the option to later change your plea, present a defense, and possibly receive back the money you paid.  Therefore, do not pay the fine related to a traffic ticket if you plan to fight the ticket.

Common Defenses Against Traffic Tickets

There are a few common defenses against a traffic ticket.  Depending on the type of ticket you received, the situation under which you received the ticket, and the laws of the jurisdiction where you received the ticket, some of these defenses may not be applicable to you.

When you choose to fight a traffic ticket, know that you often have to choose a date to appear in court (and depending on the jurisdiction, possibly a couple of dates to first enter your plea and then to actually have the trial related to the ticket in front of a judge).  So while fighting a traffic ticket may take a little of your time, it may be worth it if it saves you money.  The time in court is something you will have to weigh against lost wages and anything else you may have to give up to make the court date or dates.

Officer Not in Court

The first of the common defenses related to the police officer.  If the police officer who wrote you the traffic ticket does not show up in court, you will receive a default verdict in your favor.  You can do a couple of things to increase the odds that the officer will not appear.  First, if there is a date noted on the ticket when you can appear in court, contact the court to attempt to change the date.  The default date on the ticket may be the date when the officer is attempting to appear in court for a number of the tickets he has written, so if you can appear on a different date, the officer may not be able to appear.

Second, if you receive a different date to appear in court, try to choose a date that might be inconvenient to the officer, such as one near a holiday when the officer may be on vacation.

Research the Law

There wording of some traffic laws if sometimes not as strict as we often believe they are.  Therefore, based on the violation the officer wrote on your traffic ticket, research the exact wording of the law for your jurisdiction to determine if you actually violated the laws.

For example, while the speeding laws in some states make it clear you are speeding even if you are driving only one mile per hour above the speed limit, other states allow some leeway if you can demonstrate that you were still driving at a safe rate of speed, even if you were exceeding the speed limit.  Likewise, the laws related to stoplights and stop signs in some states do not explicitly require tat you come to a complete stop but rather only that you slow to a rate of speed that allows you to safely proceed.

Note Facts in Your Favor

When you first receive a traffic ticket, even if you have not yet decided you want to fight the ticket, it is wise to capture as many details about the event as you can in writing and possibly using photographs.  Such facts include but may not be limited to road conditions, how heavy traffic is, if there were obstructions between your vehicle and the officer, if there were circumstances that caused your behavior, and possibly creating a diagram identifying the position of your vehicle and the officer during the incident.

Capturing all of these details may help you identify relevant information that you (or a defense attorney if you hire one) can use that will help in your defense.

Legal Assistance

Even if you have a general idea of ways you can fight a traffic ticket, it is usually a good idea to hire a defense attorney who specializes in traffic violations.  Such an attorney will be able to review the evidence in your specific situation and often obtain a result that will cost you far less money that the amount of the original fine, even when you factor in the fee you will need to pay the attorney.

Related articles

• Traffic Violations, Part 2 – Outside a Motor Vehicle (criminaldefensehome.com)
• Traffic Violations, Part 1 – Common Motor Vehicle Laws (criminaldefensehome.com)
• Involved in a Car Accident Where You Failed to Stop (personalinjuryplace.com)
• Is it worth it to go to traffic school? (criminaldefensehome.com)

If you receive a ticket for traffic violations such as speeding, running a red light, or driving recklessly, you may be trying to decide if you want to fight the ticket.  After all, fighting the traffic ticket may be the only way to keep you from paying a fine that may be several hundred dollars as well as keep the traffic ticket from appearing on your driving record.  Having a traffic ticket on your driving record may cost you even more money as it may result in an increase in your auto insurance rate.

Following are four things to remember if you are considering fighting your traffic ticket.

Do Not Ignore the Ticket

Even if you are considering whether you want to fight a traffic ticket, you should not ignore the ticket while you are trying to decide.  Ignoring a traffic ticket altogether is one of the worst possible things you can do, as this could result in you being found guilty of the traffic violation by default and possibly a warrant being issued for your arrest.

Do Not Pay the Ticket

The main thing to remember if you are considering fighting a traffic ticket is not to pay the ticket outright from the start.  By paying a traffic ticket from the start, you are essentially admitting that you are guilty of the traffic violation.  Once you have admitted guilt, you cannot change your plea later or pursue other steps to fight your traffic ticket.  By paying the ticket, you have taken any options for fighting the ticket off the table.

Plead Not Guilty

Even if you are guilty of whatever traffic violation you have received a traffic ticket for, you should plead not guilty to the traffic violation.  For traffic violations, as with criminal charges, you are considered innocent until proven guilty.  Therefore, by pleading not guilty, you are putting the burden of proof back on the police.  There is now the opportunity for something to happen that could result in your case being dismissed.  And by pleading not guilty, it will generally result in a court date being set when a judge will hear evidence related to your traffic violation.  This will likewise give you more time to decide if you want to fight your traffic ticket.

Prepare Your Case

At some point, if you wait too long to decide you want to fight your traffic ticket, you may have to actually present your case in court as to why you are not guilty (unless you simply choose to plead guilty when your court date arrives).  Therefore, you need to be prepared to present logical and supportable reasons as to why you are not guilty.  This may involve reviewing what you were accused of as written on the traffic ticket by the police officer and researching the specific traffic law that applies, to determine if you in fact violated the law.  It may also involve having witnesses available to testify and documenting the facts of the event, to perhaps prove that the police officer was not in ideal circumstances or an ideal position to accurately see that you violated the law you are accused of violating.

Having a defense attorney by your side who specializes in traffic violations can also be helpful, as they are experienced in defending traffic violations.  They can advise you on whether fighting your traffic ticket is a good idea and what the chances of winning are given the circumstances of your traffic violation.

Related articles

• Is it worth it to go to traffic school? (criminaldefensehome.com)
• New York – Drivers License reinstatement after DUI (duiattorneyhome.com)
• Pleading Guilty to a Second DUI Charge in Pennsylvania (duiattorneyhome.com)
• Involved in a Car Accident Where You Failed to Stop (personalinjuryplace.com)
• Criminal cases and pleading guilty (criminaldefensehome.com)

When it comes to the subject of criminal law, when we hear the term “traffic violations,” we often think of something we do (or perhaps fail to do) while driving a car, truck, or other motor vehicle.  But did you know that there are a number of laws you can break that are considered traffic violations (and are therefore considered a crime) that do not require you to be sitting behind the wheel?  This article focuses on a couple of these traffic violations.

Image via Wikipedia

Bicycle Laws

If you ride a bicycle, you are expected to obey most traffic laws (including in some locations that you not “drive” a bicycle under the influence of alcohol or drugs).  But in addition to traffic laws, many jurisdictions have laws that are specific to bicycle riders only, and disobedience of these laws is considered traffic violations.  These bicycle laws can include but may not be limited to the following:

• Helmets.  Many jurisdictions require that bicycle riders wear a helmet, especially when the bicycle rider is a child.
• Turn and Stop Signals.  Although most bicycles are not equipped with turn signals or brake lights, bicycle riders are expected to signal for these activities.  Bicycle riders use hand gestures to communicate to those around them that they are preparing to turn or stop.
• Visibility.  Jurisdictions often have requirements that bicycles have reflectors and possibly lights on the front and back of the bicycle, so that they bicycle is more readily visible to those driving motor vehicles.
• Riding Location.  Some jurisdictions have requirements about where it is considered safe to ride a bicycle.  This may be riding a bike on the street rather than the sidewalk, on the sidewalk rather than the street, and in some cases avoiding certain streets altogether.

Bicycle laws vary widely from location to location, so you should be sure to investigate and understand the bicycle laws in your area before you go for a bike ride.  If you do not, it may not only be a safety issue but also result in your receiving a traffic ticket.

Jaywalking

Jaywalking is crossing the street on foot in an illegal manner.  Jaywalking can include but may not be limited to the following:

• Crosswalks.  Crosswalks are designed to be a safe place where pedestrians can cross the street, as they are often marked with additional signage to make drivers of motor vehicles more aware to watch for pedestrians.  When a pedestrians crosses the street outside of a crosswalk, or even when a pedestrians crosses the street in a crosswalk but fails to obey traffic signals as to when it is safe for a pedestrian to cross the street, it can be considered jaywalking.
• Sidewalk.  Pedestrians are often expected to walk on sidewalk rather than in the street when a sidewalk is available.
• Yielding.  Pedestrians are allowed to cross some streets outside of a crosswalk.  But when doing so, pedestrians must yield to oncoming motor vehicles; otherwise, they may be cited for jaywalking.
• Construction.  If a pedestrians disobeys special instructions related to closed sidewalks or other safety issues around construction areas, the pedestrians may be cited for jaywalking.

As with bicycle laws, jaywalking laws vary widely from state to state and even from jurisdiction to jurisdiction within a state.  Therefore, it is a wise idea to familiarize yourself with the jaywalking laws of your location.

Legal Help

If you have received a ticket related to one of the traffic violations listed above or been accused of any other crime, you should speak with a criminal defense attorney.  You should not try to handle the situation on your own, as any charge—even something as simple as a traffic ticket related to riding a bike or jaywalking—can have monetary repercussions.   And more serious traffic violations can potentially limit your freedom if they result in you losing your drivers license.  Therefore, you should get help today.

Related articles

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Traffic violations are concerned with a number of laws related to operating a motor vehicle.  This article provides a high-level description of some of the more common traffic violations and why it may be a good idea to contact a criminal defense attorney if you are issued a traffic ticket, as traffic violations are covered as a part of criminal lawin all states.

Image via Wikipedia

Speeding

Speeding is when you operate a motor vehicle at a speed that is considered unsafe.  Speeding is usually when you are driving at a rate of speed that is faster than the posted maximum speed limit for the road you are on.  However, speeding can also be driving at any rate of speed that is deemed unsafe for the current road conditions.  For example, if you drive the normal posted speed limit when it is icy, raining, or perhaps there is road construction, you may be ticketed for speeding because of the unusual conditions that are present, which make the speed at which you are driving unsafe.

A closely associated ticket to speeding may be operating a motor vehicle too slowly.  On some highways where the speed limit is a relatively high rate of speed, perhaps 70 miles per hour or more, then there may be a minimum speed limit at which you are allowed to operate a motor vehicle on that highway.  The reason for a minimum speed limit is that driving too slowly may create unsafe driving conditions, as there is the expectation by the average driver that traffic will generally be moving at or close to the speed limit.

Running a Red Light

This traffic violation refers to driving a motor vehicle through an intersection with a red light or a stop sign without coming to a complete stop, or possibly in the case of a stoplight being in the intersection when the light changes from yellow to red.

Many states allow an exception to the red light rule, allowing people to turn right on a red light so long as it is safe given traffic conditions.  Likewise, some states allow people to turn left on a one-way street on a red light when this can be done safely given traffic conditions.

Driving Without a Valid Drivers License

In order to lawfully drive a motor vehicle, every state requires that you have a valid drivers license.  Your drivers license must be in good standing, not having been suspended or revoked as the result of traffic violations or for other reasons, such as it being deemed that you cannot safely operate a motor vehicle because of a medical condition.

Making an Illegal U-Turn

In general, drivers can only make a u-turn in situations where it is safe to do so.  Usually each jurisdiction will determine places where people may make a u-turn that are unsafe—whether because oncoming traffic is driving too fast, there is limited visibility, or there is too much cross traffic from adjacent streets and businesses.  Making a u-turn when it is considered unsafe or in a location where it is specific prohibition against a u-turn is posted and result in a traffic ticket.

Criminal Defense

While most of us consider traffic violations such as a speeding ticket or running a red light perhaps no more than a nuisance, these are in fact crimes.  While the majority of traffic violations are simple misdemeanors when considered on their own, they are crimes nevertheless and can result in increased insurance rates and possibly suspension of your drivers license if you have multiple violations.

If you have receive a ticket for a traffic violation, you should speak with a criminal defense attorney.  A criminal defense attorney can help you fight the ticket and possibly walk away with a clean driving record, so get help today.

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