Criminal Traffic: Misdemeanor, Felonies and Violations
Traffic offenses generally fall into three categories: infractions, misdemeanours, and felonies. Most of the time, you will be charged with these offenses through a ticket at the time of the traffic stop. For misdemeanours and felonies, a court date will appear on the ticket. In some cases, depending on the felony or other circumstances surrounding the traffic stop, you may be arrested at the scene.
Traffic infractions or traffic citations are the most common type of action taken during a traffic stop. This type of ticketing generally has to do with basic traffic laws, such as failing to use a turn signal or failing to stop at a light or sign. Infractions may also include issues like having a broken headlight or not having your proof of car insurance available for the police to review.
In most cases, simple traffic convictions will be handled in one of the following three ways:
- Dismissal. In some cases, if you fix your broken headlight or bring your proof of insurance to the courthouse, the ticket will be dismissed. The dismissal will prevent any further actions against you, and no points will be placed against your license.
- Fine and Points. More serious traffic infractions will have a fine attached to the ticket and points that will go against your driving record. You have the option of just paying the ticket and accepting the points. Having points on your license, however, can raise your insurance rates.
- Fine and Traffic School. In place of having points place against your license for a ticket, you may be given the option to pay the fine and then attend traffic school within 30 days. If you attend school and have the proof submitted, most traffic schools do this automatically for you. You will not have any points against your license
Tickets for these minor infractions should not require the assistance of a criminal defense attorney to have the matter cleared.
Misdemeanour Traffic Offenses
Misdemeanor traffic offenses are those that have a more serious nature. Depending on the area in which you were ticketed, this can include offenses like speeding, not adhering to a school zone, or improper lane changing. There are many offenses that can fall under this category. In most cases, a traffic misdemeanor is a traffic offense that could have fallen under a regular citation, but there are additional aggravating circumstances to the offense.
A misdemeanor will result in a ticket being issued that has a court date attached. The person who received the ticket must appear in court, or a warrant will be placed out for their arrest. You will have the right to have an attorney at the trial, and depending on your case, it may be in your best interest to hire a Pewaukee criminal attorneys to manage your case.
A conviction of a misdemeanor could result in one or more of the following penalties:
- Jail sentence of up to a year
- Community Service
- Fine of up to $1,000 based on the charges
- Loss of driver’s license for a period of time
- Requirement that you ad SR22 coverage to your car insurance policy
Felony Traffic Offenses
Only the most serious traffic offenses are classified as felonies. Driving under the influence, distracted driving offenses that lead to an accident, any traffic violation that leads to another person being injured and vehicular manslaughter are generally considered a traffic felony. However, each jurisdiction has its own laws in place, and this may vary widely.
Felony traffic offenses will either be handled with a ticket at the scene of the event or an arrest. This will depend on the situation that leads to a traffic stop or police involvement. All traffic felonies will require a court appearance.
Since the penalties for a traffic felony are often severe, it is important that you have quality legal representation when you appear before the court. Defendants at a felony traffic case could face prison sentences, large fines, and total loss of their driving privileges.
How A Criminal Attorney Can Help Your Case
Hiring Pewaukee criminal attorneys to manage your traffic felony or misdemeanor case gives you an advantage over those who agree to court-appointed legal representation. Having an attorney that you have the ability to work with one-on-one gives you more of a legal advantage. Your attorney will learn about your side of the story and help you build a solid defense.
Public defense attorneys are often overwhelmed with cases and do not have more than a minute or two before you step up to the podium to look over the facts of your case. In most cases, the public defender is not really concerned with the facts of the case or if you are innocent. They assume guilt and try to plea bargain the lightest sentence possible for the person standing accused.
If you want better legal representation than a plea bargain, you will need to work with a criminal defense attorney that is fair and aggressive in their representation. You want to work with an attorney that sees you as an individual facing a serious problem and not as another number on their docket.
A criminal defense attorney cannot guarantee the outcome of any case. However, their experience in the field and their knowledge of similar cases like your own can help them build a solid case and help you get the best possible outcome for your situation. In the end, that is what matters most.
When you face the court and jury by yourself or with the assistance of a court-appointed lawyer, you are placing yourself at risk of receiving the highest penalties allowed by law for your case. If your case is not presented properly to the jury, you could face a worse outcome than you expected when you entered court that day.
Avoid all of these potential bad outcomes and secure quality legal representation. Working with Pewaukee criminal attorneys to defend your case will always give you the best outcome of this difficult situation.