3 Types of Traffic Violations In California
The seriousness of a traffic violation determines if you have committed an infraction, misdemeanor, or felony.
These three types of traffic violations carry a range of consequences, including anything from a small fine to jail time.
Types of Traffic Violations
There are three types of traffic violations in California.
- Infraction
- Misdemeanor
- Felony
Traffic violations (also known as moving violations) involve a variety of criminal offenses outlined in the California Vehicle Code, including failure to stop at a red light, speeding, and driving under the influence (DUI). There are three types of traffic violations, each of which carries a range of consequences.
Most traffic violations are considered infractions, resulting in relatively small consequences. However, serious traffic violations are considered either misdemeanors or felonies and result in a range of severe consequences, including anything from the suspension of your driver’s license to jail time.
In this article, you will find an overview of the three types of traffic violations and their consequences.
Infractions (Minor Violations)
Many drivers do not take traffic infractions seriously because they believe infractions do not involve jail time and they are willing to pay small fines. However, in California, infractions can cost them a lot of money and can lead to jail time if the fines are not paid and an arrest warrant is issued.
Examples of infractions are administrative lapses like expired licenses, vehicle equipment needing repair, and most speeding tickets. Infractions deal with pedestrian violations like jaywalking, non-moving violations like parking or not wearing a seatbelt and moving violations like speeding.
Infractions are enforced by the issuance of citations (traffic tickets) by law enforcement officers. Punishment for infractions is typically payment of fines and does not carry any potential jail or prison time. These traffic violations are considered civil offenses and payments are made to a civil court. There is a base penalty associated with each offense depending on the nature of the offense. And additional fees can be added to raise the punitive amounts considerably.
Examples
Speeding – You can be found guilty if you were driving a vehicle on a highway and your speed was either greater than is reasonable or prudent or endangered the safety of persons or property. Punishment for this basic speed law violation is one point on the driver’s record and a maximum of $480 in fines although fines may vary depending on the circumstances.
Failure to stop at a red light – A red-light infraction occurs when the vehicle driver faced a red light and did not stop for the light. It is not an infraction if the front of the vehicle entered the intersection or passed the innermost line before the light turned from yellow to red. A common punishment is one point on the driver’s record and a maximum fine of $500.
Texting – The texting and driving law covers the situation where a driver was using a cell phone for text messaging, emailing, or any other purpose not related to phone calls. There are a couple of exceptions to this. If the phone was being used in a hands-free manner or if the driver was using a GPS or map application while driving, it would not be considered a violation. The common punishment for this offense can be up to $167 in fines and fees.
Misdemeanors (Serious Violations)
A misdemeanor traffic violation may be considered a misdemeanor if the violation resulted in injury, damage, or threat of injury or damage.
Traffic violations involving excessive speed, reckless driving, or driving under the influence can result in license suspension and points added to the driver’s record. California is a compact court system, meaning that any point added to a driver’s license in California will follow the driver to any other state system.
Tickets can carry one or two points and can stay on the driver’s record for 10 years. Points on a DMV record can lead to heavy insurance rate increases, sometimes doubling the original rate.
If a driver acquires too many points on his or her driving record within a set period of time, the DMV could suspend or revoke their driver’s license. The DMV has the right to take away a license if the driver acquires 4 points in 12 months, 6 points in 24 months, or 8 points in 36 months.
Misdemeanor offenses can be considered criminal violations and will carry harsher consequences like up to a year in jail, substantial fines, license suspension, vehicle impoundment, and probation. These offenses require a court appearance by the offender or his or her attorney.
Examples
Reckless driving – The punishment for this misdemeanor is up to 90 days in county jail and/or a fine of up to $1,000. In addition, the driver’s license is suspended for up to 30 days on the first conviction, up to 60 days on the second conviction, and up to six months on every subsequent conviction.
Hit and run – This traffic violation can be charged as a misdemeanor or felony, depending on the circumstances. If considered a misdemeanor, this can result in a fine of $10,000, suspension of your driver’s license for one year, and imprisonment in county jail for up to 364 days.
Felonies (Major Violations)
Most traffic violations are considered infractions. Some are considered misdemeanors. And a very few are considered felonies but they have the most impact on the lives of the drivers, passengers, and other potential victims.
Felony charges result from violations like hit and run with serious bodily injury or property damage, and DUI/OUI violations.
Except for the most serious felony charges, many traffic penalties can be negotiated down to lesser charges by a skilled attorney. Felony charges have life-changing significance and it is even more important to have an attorney involved in these cases.
Examples
Hit and run – If a hit and run traffic violation resulted in property damage, bodily injury, or death, it may be charged as a felony. Typical punishment for a felony hit-and-run causing injury or death is two to four years in state prison, a maximum fine of $10,000, and suspension of driver’s license for one year.
Typical traffic violations in California
The California Vehicle Code contains over 1,000 pages. While there are too many traffic violations to list in this article, here are a few of the more prevalent ones.
- Speeding
- Parking in loading/unloading zone
- Littering on a public highway
- Driving while using a cellphone
- Not wearing a seatbelt
- Failure to use a child restraint system for child
- Fleeing from law enforcement
- Handicapped parking fraud
- Driving after license was suspended or revoked due to DUI
- Manufacture or sale of fraudulent driver’s license
- Engaging in speed contest on highway
- Driving without a license
- Stop sign violations
- Distracted driving
- Passing a stopped school bus
- Following too close – tailgating
If you have been arrested for a misdemeanor or felony traffic violation, you may want to consult with an experienced attorney who can negotiate for you to get the best outcome possible.
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