Traffic Violation

Civil vs. Criminal Law

The laws governing a criminal traffic violation case are different than those for a civil traffic violation. For traffic offenses like careless or reckless driving, or driving under the influence of alcohol or drugs (DUI/DWI) the defendant will benefit greatly from the professional services of a qualified attorney who can protect and maximize their legal interests.

Traffic Violation Case

A civil traffic violation hearing will take place before a judge or magistrate and the defendant does not have the right to a jury trial. The officer who issued the traffic violation citation must be present at the final hearing in most cases. The are a number of rights and protections guaranteed to the defendant in a traffic violation case, such as the right to call witnesses, the right to remain silent, the right to a fair and speedy trial and others that can be discussed further with a legal professional.

United States Law

In the United States, most traffic laws are codified in a variety of state, county and municipal laws or ordinances, with most minor violations classified as civil infractions. What constitutes a "minor violation" or infraction varies, examples include non-moving violations, defective or unauthorized vehicle equipment, seat belt and child-restraint safety violations, and insufficient proof of license, insurance or registration. A trend in the late 1970s and early 1980s also saw an increased tendency for jurisdictions to re-classify certain speeding violations as civil infractions. In contrast, for more "serious" violations, traffic violators may be held criminally liable, accused of a misdemeanor or even a felony. Serious violations tend to involve multiple prior offenses, willful disregard of public safety, death or serious bodily injury, or damage to property.

Department of Motor Vehicles

Each state's Department of Motor Vehicles or Bureau of Motor Vehicles maintains a database of motorists, including their convicted traffic violations. Upon being ticketed, a motorist is given the option to mail in to the local court or the court for the jurisdiction in which the violation is alleged—a plea of guilty, not guilty or nolo contendere within a certain time frame (usually ten to fifteen days, although courts generally provide leniency in this regard).