Tuesday, January 19, 2010

Traffic Violations

Traffic violations can be infractions, misdemeanors or in some cases felonies. A speeding ticket is an infraction in most cases. A D.U.I. is generally a misdemeanor and vehicular manslaughter is a felony. As you can see the penalty (infraction, misdemeanor or felony) increases with the severity of the crime.

In a traffic violation a person can plead guilty or request a trial just like a misdemeanor or felony. However, these are much more lax in the application of the rules given that at most the individual is looking at a monetary fine. The monetary fines are both criminal and civil in nature. The presiding judge or commissioner takes your guilty or not guilty plea and then determines what your civil penalties are. The amount you pay can range greatly.

If you failed to appear for a prior court appearance the penalty with be much higher than it would be if you had appeared on the prior court date. There are some alternatives as well, for example tree farming or other community service can help reduce the amount you are required to pay. Generally, you are given 30 days to pay the fine unless the amount is fairly large, at that point the judge may give you 90 days to pay the fine.

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