Traffic Violation Information

• What is considered a traffic ticket?
  A traffic ticket is a ticket that is given for either a moving or nonmoving violation. A moving violation is when you are operating a vehicle. These tickets include speeding, reckless driving, dangerous driving or drunk under the influence of alcohol. A nonmoving violation is one in which you were not actually operating the vehicle. These tickets may include such things as parking in a handicap space or in front of a fire hydrant. Fines may be assessed to you as well as points added to your driving record for violations.
  
  
• What is the difference between an infraction and a violation?
  An Infraction of the law is a minor violation that is punishable only by a fine. Parking tickets and some traffic violations are considered an infraction of the law.
  A Misdemeanor is a criminal offense that can be punishable by both a fine and a certain amount of time in jail. Driving under the influence of alcohol is an example of a misdemeanor.
  
  
• What should I do if I am stopped by a police officer while in my vehicle?
  First remain calm and remember the police officer is just doing their job. It is best to make no sudden movements that may alert an officer as a possible danger sign. Keep your hands on the steering wheel and be prepared to present your drivers license and proof of insurance when asked. It has been said that when an officer has stopped a vehicle they already have it in their mind whether or not they will issue a ticket or just a warning. Whether this is true or not, be courteous to the officer and they will be courteous to you. If you are stopped and aren`t sure why keep in mind that an officer that is behind you may notice that your taillight is out or that your license plate is missing a current tag. These are things that you may not be aware of and it is the officer`s duty to inform you of this. Always remember whether we like being stopped by the police or not, they are here to protect us all and we should respect that.
  
  
• If I am stopped for speeding, can the officer search my vehicle?
  Under certain situations a police officer may search your automobile. Naturally if you give an officer true consent to search your vehicle then they are allowed to. There is also what is called an automobile exception to the 4th Amendment, which is the part of the Constitution that requires a search warrant. A warrantless vehicle search may be allowed when the officer has a reasonable suspicion or probable cause to suspect criminal activity or a danger to officer safety. Generally, the police officer may search the area that is under the driver`s control. This area is normally the area that is within reach of the driver when sitting in the drivers seat. For more serious driving offenses, a police officer may be allowed to search the vehicle. Such an instance may be driving under the influence (DUI), which requires the officer to arrest you. Under such circumstances, a search of the vehicle would normally be allowed. Some state laws offer greater protection against searches of personal property. If a police officer has searched your vehicle, you should consult with an attorney for more information.
  
  
• If I receive a ticket, do I have to go to court?
  Not all tickets that you receive require you to go to court. You may simply be able to pay the fine by mail or in person without ever going to court. In some circumstances, such as failing to provide proof of insurance, you may be required to go to court and show that you did have insurance. Going to court generally depends on the type of and circumstances surrounding the issuance of a ticket. Some individuals may wish to attend court in order to fight a ticket that they believe was in error or because they already have many points assessed to their driving record.
  
  
• Do I need to hire an attorney?
  If you receive a traffic ticket you normally do not need to hire an attorney. When you receive a traffic ticket you have the option to plead guilty and pay the fine or other consequences, or plead not guilty and fight the ticket in court. Depending on your driving record among other circumstances, pleading guilty may result in points being assessed to you driving record, a suspended license and increased insurance rates.
  If you do wish to contest the traffic ticket, it may be in your best interest to seek legal help. This is true especially when you have had several tickets and or points assessed to your driving record. An attorney may be able to help more than you can on your own. In more complicated cases such as a DUI or reckless driving, it would be best to seek legal help and have an attorney represent you in court.
  
  
• What happens if I do not appear in court when I am supposed to?
  The courts expect you to be present for your court date at the time specified. Generally a court will only accept certain excuses for not appearing and you must prove those excuses. If you do not appear in court when required, the court may issue a warrant for your arrest, your driver`s license may be suspended, additional fines may be assessed and even jail time may be ordered.
  
  
• What proof for willful failure to appear should I bring to court?
  You should provide documents to prove that your failure to appear was not deliberate or intentional. This would include providing the courts with military orders, proof of jail incarceration or a medical excuse from a doctor or hospital.
  

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Traffic Violations the "right to drive" is a privilege, which is governed by the individual states. Traffic violations are a mix of regulatory and penal (criminal) offenses based on violations of state statutes and city ordinances relating to the operation of vehicles.