Most drivers think of traffic infractions as being relatively minor in offense, and this is often the case. Non-moving violations and even certain moving violations may result in a ticket but not necessarily lead to criminal charges. However, it is possible to get a criminal charge for violating the New York Vehicle and Traffic Law (VTL).
Understanding the difference is essential, because it will affect the legal strategy that you and your attorney use to fight the charges against you. Whether you have been ticketed for a seemingly minor infraction or something more serious, the attorneys at the New York Traffic Ticket Lawyers are here to assist.
Minor Versus Major Traffic Violations
Minor traffic violations, also known as infractions, are generally not treated as crimes. You will have to deal with them in traffic court, not in criminal court. Although they are violations of the law, the courts do not handle them in the same way they handle more serious offenses.
A few examples of relatively minor infractions that will usually be dealt with in traffic court are:
- Driving over the speed limit
- Lane splitting
- Running a red light
- Running a stop sign
- Texting while driving
- Failure to yield
Because these are typically considered infractions rather than criminal matters, the driver will not be facing jail time as a potential punishment. But these and other violations will result in fines, court fees, and points. Also, since they are moving violations, the driver’s automobile insurance premium is likely to go up.
On the other hand, major traffic violations are those which seriously endanger the safety of others, are likely to cause an accident, or actually result in another person being injured or killed. These will land a defendant driver in New York criminal court and include:
- Driving with a suspended or revoked license
- Excessive speeding
- Speed racing
- Reckless driving
- Driving while under the influence of alcohol or drugs
- Leaving the scene of an accident
- Failure to stop for or fleeing a law enforcement officer
- Vehicular assault
- Vehicular manslaughter
In New York, these are classified as misdemeanors and felonies instead of infractions. In addition to fines, points, and higher insurance costs, a defendant convicted of these and other offenses can expect jail time, probation, community service, and suspension or revocation of their license. If the crime in question caused injury or death to someone, the driver may also face a civil lawsuit that is separate from the criminal charges.
But the consequences may not even end there. A criminal conviction could jeopardize your job, especially if you rely upon driving to earn a living. You may also have a difficult time finding suitable housing, maintaining a professional license, or staying in school if you are enrolled in college.
A Dedicated Attorney Can Defend Your Rights
Regardless of the type of New York traffic matter you face, from infractions to misdemeanors and felonies, it is vital to protect your rights by hiring an experienced attorney. Your lawyer can potentially negotiate a plea bargain, challenge the evidence against you, or attempt to have the traffic ticket or criminal charge thrown out of court. This could save you money, help you avoid jail, and prevent points from being added to your license which might jeopardize your driving privileges.
Reach out to the New York Traffic Ticket Lawyers today. We will review the ticket or the criminal charges against you and then get to work on a customized legal strategy. You can connect with us by calling or completing our contact form.
