Common examples of infractions include:. Generally, traffic infractions are "strict liability" offenses , meaning a motorist can be convicted of the infraction regardless of intent. For example, establishing that a driver exceeded the posted speed limit is sufficient for a conviction—whether the driver knew he or she was speeding is irrelevant. In many jurisdictions, traffic infractions are further categorized as moving and nonmoving violations. Moving violations are typically more serious than nonmoving violations.
Speeding and running a red light are examples of moving violations. Nonmoving violations include offenses related to illegal parking and defective equipment on the vehicle. In many jurisdictions, traffic infractions are prosecuted in traffic courts, where the procedures are often less formal than in criminal courts. A motorist charged with a traffic infraction usually has several options for resolving the matter. Most states allow motorists to avoid a court appearance by pleading guilty and paying the fine by mail or online.
However, drivers who plead not guilty must appear in court for a bench trial trial by judge. In most states, a traffic infraction can't result in jail time. Potential penalties generally include a fine, traffic school , and demerit points on the motorist's driving record.
Accumulating a certain number of points can result in increased insurance premiums and license suspension. A traffic offense is generally considered a crime if it's punishable by imprisonment. Criminal traffic offenses are classified as either misdemeanors or felonies. Examples of driving-related offenses that are classified as crimes include:. Whether a criminal traffic offense is categorized as a misdemeanor or felony varies by jurisdiction.
While some traffic offenses are crimes regardless of the circumstances, some offenses that would normally be classified as infractions are elevated to criminal offenses if certain aggravating factors are present.
For example, some jurisdictions classify speeding as a misdemeanor if the motorist exceeds the posted speed limit by an excessive amount. Similarly, driving-related offenses that would otherwise be classified as misdemeanors can become felonies in some situations. Many states elevate a misdemeanor traffic offense to a felony if:. Types of Traffic Offenses in Virginia In Virginia, there are three separate types of traffic offenses: infractions, misdemeanors, and felonies.
Some examples of infractions are: Speeding Driving with a taillight or headlight out Failing to make a complete stop at a red light before turning right Running a red light Following too closely Appealing an Infraction Any matter heard in general district court can be appealed within ten calendar days.
Traffic Misdemeanors In Virginia, there are several traffic offenses which are also considered misdemeanors. The most common are: Driving on a suspended license Driving without being licensed Reckless driving The difference is that a misdemeanor can result in jail time and then will also appear in a criminal background check later on, whereas an infraction is simply a violation of public code not a violation of the criminal statute.
Traffic Felonies Felonies are the most serious crimes under the Virginia system. Filing An Appeal You have a right to appeal this as well, however only if there was some mistake in the legal process.
Importance of a Virginia Traffic Lawyer This is important because you want to make sure you have someone on your side fighting for your rights and doing absolutely whatever it takes to make sure you obtain the best possible results for your case.
Types of Traffic Offenses in Virginia. Practice Areas. Alexandria Address. Manassas Address. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies.
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