Traffic Violation Lawyer
What is a Traffic Violation Lawyer?
A traffic violation lawyer or traffic violation attorney is a lawyer who specializes in traffic-related cases. A traffic violation lawyer may be able to help an individual receive a lower fine, a lesser charge or have the ticket dismissed if possible.
Traffic violation attorneys may be able to help in a number of ways. They can provide advice including an analysis of the facts of the case. A traffic violation lawyer can also provide advice regarding possible resolutions to the case and how to best achieve the desired results.
A traffic violation attorney can assist in negotiating a resolution to a traffic violation. This may be especially important when the driver is facing serious charges. They can represent a driver in court proceedings. A lawyer will be able to present a more concise and effective defense than the driver could present on their own.
In addition, a traffic violation lawyer may be able to help with a dismissal. In some cases, there may be reasons the ticket or charge should be dismissed that a regular individual would not know. This may be important for any type of ticket or violation, as they all affect the driver in some way.
What Are Traffic Violations?
There are many different types of traffic violations. The most common type of traffic violation encountered in everyday life is the traffic ticket, also known as a speeding and moving violation. These are considered infractions and not criminal offenses. An individual is permitted to represent themselves in court when contesting a traffic ticket. However, not hiring a lawyer to help may have devastating results. A traffic violation lawyer will know which facts and circumstances need to be discussed during court proceedings.
There are different types of traffic violations. The laws regarding traffic violations vary from state to state. Traffic misdemeanors often include a risk to human life, safety or property. The following are usually considered criminal traffic misdemeanors:
- Reckless driving;
- Driving without automobile insurance;
- Driving without a license;
- Hit and run accidents, or failing to stop after an accident occurs; and/or
- Driving under the influence of drugs or alcohol, known as DUI or DWI.
Some offenses are classified as a traffic misdemeanor although they don’t involve driving an automobile. These are often classified as disorderly conduct and include obstructing traffic with a vehicle and/or playing music too loudly from a vehicle.
In some cases, the court is permitted to determine if a violation is considered a traffic misdemeanor or a simple violation. In many states, the law requires certain offenses to be classified as misdemeanors automatically.
The penalty for misdemeanor traffic violations usually involves criminal consequences. These include a fine of $100 to several hundreds of dollars and/or jail time, usually less than one year. However, these penalties vary by state.
Felony traffic offensesare more serious than misdemeanor traffic offenses and will carry harsher penalties. The types of traffic offenses that are considered felonies will vary by jurisdiction. However, most consider the following to be felony traffic offenses:
- Vehicular manslaughter;
- Vehicular homicide;
- Consecutive DUI convictions;
- Repeat driving offenses such as driving without a license;
- Types of reckless driving that cause property damage or injury;
- Hit and run, or leaving the scene of an accident; and/or
- Fleeing from law enforcement.
Some jurisdictions label some misdemeanor offense as “aggravated” or “gross.” In those cases, although the offense may be labeled a misdemeanor, the penalty may be similar to the penalty for a felony traffic offense.
Penalties for felony traffic offenses vary by jurisdiction but often include a fine of $500 to several thousand dollars and/or a period of jail time. Traffic felonies may also include the following consequences:
- Permanent loss of a driver’s license;
- Suspension of a driver’s license;
- Loss of citizen’s privileges including voting or teaching in a professional setting;
- Towing or impounding the vehicle used in the commission of the felony;
- Prohibition on future ownership of firearms; and/or
- Being subject to a “three strikes” felony rule in some jurisdictions.
Is It Important to Have a Traffic Violation Lawyer?
A traffic violation lawyer can assist with getting lower fines, lesser penalties or have a ticket or charge dismissed. Should an individual not get the help of a traffic lawyer, they may have to pay large fines and court costs and/or attend traffic school. The ticket or charges may stay on an individual’s driving record for years. Additionally, tickets or charges mayraise the cost of automobile insurance for a driver.
Although a traffic violation lawyer is not always required, they are extremely beneficial. The more serious the charge or violation, the more beneficial a lawyer will be. If you received a ticket or a charge in a jurisdiction where you do not reside, hiring an attorney local to that area is helpful. The attorney can assist you with all aspects of your case and represent you during court appearances.
Do You Need a Lawyer for Your Traffic Violation?
If you are contesting a traffic ticket or facing more serious driving violation charges, having atraffic lawyer is in your best interest. Traffic tickets may be expensive, put points on your driver’s license and raise your insurance rates. More serious violations may affect you for years to come. An experienced traffic violation lawyer can help you present the most effective case and represent you during court proceedings.