Traffic Offenses: Misdemeanor & Felony Charges
A traffic violation becomes more serious when it is a felony or misdemeanor charge, such as DUI or reckless driving, rather than a noncriminal traffic infraction like a no u-turn ticket or failure to dim headlamp lights.
Most traffic tickets are issued for noncriminal traffic offenses called "infractions.” These include tickets for mechanical violations and most non-dangerous moving violations. Infractions do not usually carry the same stigma and penalties as serious criminal offenses. But, certain traffic-related offenses are categorized as "misdemeanors" or even "felonies" and can result in more significant fines, loss of driving privileges, or even imprisonment or consequences on a person’s immigration and naturalization status.
In general, a traffic violation becomes a misdemeanor or felony if it causes injury to a person or destruction of property or creates a significant threat of injury to a person or destruction of property. For example, going through a stop sign light may usually be an infraction, but it may become a felony if a driver is speeding so fast through the stop sign that the vehicle is swerving and control of it is being lost by the driver, the driver hits another vehicle in the intersection, and a person in that other vehicle dies. In addition, some traffic offenses are defined as misdemeanors or felonies by the laws or statutes that define the crime, such as driving with a revoked license, leaving the scene of an accident, or reckless driving.
In general, people accused of more serious traffic violations are usually entitled to all the constitutional protections provided to criminal defendants, including the right to a court-appointed attorney and a jury trial.
Traffic Misdemeanors
The criminal justice system in Florida and throughout the United States of America would quickly be overwhelmed if all violations of the law required a full criminal trial. Consequently, less egregious traffic violations are often treated as noncriminal offenses or so-called noncriminal infractions. More serious traffic offenses are considered criminal violations and may be either a misdemeanor or felony. Misdemeanors are less serious crimes than felonies and are generally punishable in the state of Florida by a fine and/or incarceration in the county jail for no more than one year. Although precise classifications vary on a state-by-state basis, common examples of traffic misdemeanors include driving under the influence of alcohol or drugs (DUI)/driving while intoxicated (DWI), driving without a valid driver’s license, driving with a suspended driver’s license, leaving the scene of an accident, reckless driving, and racing.
For many misdemeanor violations, the police officer may choose to take the driver into custody, and the driver may be required to post a bail bond, just as he or she would for non-traffic crimes. In general. incarceration sentences for misdemeanor convictions are often less severe than sentences for felony convictions, and other potential consequences of misdemeanor convictions are also usually less harsh. For instance, a person with a misdemeanor conviction on his or her record may still be able to serve on a jury, keep his or her professional or occupational license, and vote. However, a misdemeanor is a crime, and, as such, it may have negative effects on a person’s immigration and naturalization status, even though it is generally considered and treated under the law as less serious than a felony offense.
Traffic Felonies
Usually, felonies are the most serious crimes in any jurisdiction in this country, and felony traffic violations are no exception. In the state of Florida and many other jurisdictions, the definition of a felony is any crime punishable by more than one year in prison or by death. This means that a crime that has a sentence of only a fine or confinement in the local jail for a short period of time or both is not a felony. Sometimes a crime is not labeled as a felony, but the punishment tells people that the offense is a felony. However, some state codes may label a crime a "gross" or "aggravated" misdemeanor but provide for a sentence of more than one year in the state penitentiary system, thus treating the misdemeanor as a felony in many respects. Examples of felony traffic offenses include multiple driving under the influence of alcohol or drugs (DUI)/driving while intoxicated (DWI) convictions, repeat driving on a suspended driver’s license (DWLS), fleeing and eluding law enforcement with lights and siren activated, certain "hit and run" offenses, vehicular homicide, reckless driving with serious bodily injury, and DUI manslaughter.
A person convicted of a felony may have some more restrictions placed on their rights than a person convicted of a lesser crime. Also, conviction of a felony offense usually has longer prison sentences in harsher settings than misdemeanors. A person with a felony conviction might also be prohibited from serving on a jury, voting, or possessing a gun or firearm. They might also lose their professional or occupational licenses, such as attorney, teacher, nurse, physician, real estate agent, and notary public. A person convicted of a felony may be prohibited from serving in the military or holding public office and may become ineligible for government assisted housing (Section 8 housing) and student financial aid. And many states like Florida have sentencing statutes that provide much harsher punishment for a person who has more than one felony conviction , for example a “three strikes” statute, or who has convictions for violent felony crimes.
Finally
Getting a traffic ticket has to be one of the most undesirable situations a person can experience. It may often be followed by stress, worry, and unnerving risk of getting an unfavorable outcome when a person who has not been educated in or trained in the law and legal representation endeavors to defend himself or herself against a police officer who is supposed to testify in court against all the people he issues traffic citations to as part of his job. You also need to consider the time loss off from work or school when traveling to and attending court. A law firm may be able to detect technicals errors in your charges that could possibly result in dismissal your ticket , which a person who is not an attorney and practicing in the field of traffic ticket defense law may not be able to detect, and may, thereby, allow you to avoid convictions, fines, and traffic school altogether. The bottom line: Seeking advice and services from experienced attorney practicing in the areas of traffic law and criminal law may help you to achieve the best possible outcome for your tickets or traffic related case. When you have health issues, you go to a doctor; when your car breaks down, you let a licensed mechanic fix it; and when you get a ticket you may first want to consider consulting with the firm of Patricia J. Jones, P.A. Traffic Tickets Defender before paying any ticket, choosing traffic driving school or going to court. The mission of the firm is to strive for the best possible outcome for your case and driving record!
For more information about how the firm can help you, please do not hesitate to call 954-448-5300 for a FREE consultation about your traffic matter or driver’s license issue. You can discuss your specific legal case or legal matter with attorney Patricia Jones, not a receptionist, assistant or paralegal, and you can learn about your rights under the law and your right to fight back!
