Some of the severe traffic violations are misdemeanors, or even felonies. Some of the traffic violations may cause one to be charged high fines, suspension or clamping of their driving license and in some extreme cases, severe consequences like imprisonment. Traffic violation does not appear on the criminal record while misdemeanors and felonies do. The consequences of this might be long term and it will definitely affect your life to a large extent.
In general, traffic offense involves violation of traffic laws and rules and many of them are infractions such as receiving a traffic ticket for mechanical and most moving violations. A misdemeanor as we have seen is a crime that is between a minor offense which is not categorized as a felony and an infraction which is an administrative violation that is not punishable like a misdemeanor.
In most states, a traffic violation becomes a misdemeanor or felony if it:
- Result into the injury of a person or in the destruction of property
- Opens the possibility of a realistic threat upon a single individual or property damage.
Traffic Felonies and Misdemeanors: Overview
That is why running a red light or a stop sign may be a misdemeanor but becomes a felony if the driver did it maliciously, swerving his car into another vehicle in the intersection. It becomes worse of the charge classifies as more serious if an occupant of that vehicle dies. However, there are some traffic offenses that are misdemeanors or felonies right from the start.
These include:
- DUI The crime I have chosen is driving after having one’s driver license revoked.
- Leaving the scene of a road accident also commonly known as hit and run.
- Reckless driving
Criminal defendants are all entitled to constitutional rights through which motorists accused of these more serious traffic violations are accorded. Such protections are; right to an advocate of one’s choice and the right to a trial by jury.
How Felony Traffic Violations Affect Your Criminal History
This could be true, because the consequences of a felony can always be far reaching. Any type of charge on your criminal record is detrimental to a major part of employment, housing considerations as well as different aspects of life. A felony conviction is for life and the record will remain open unless, the offender goes through a process of sealing or expunging the record. Expungement is the legal method of clearing a person’s criminal record so that the conviction is no longer visible to the public.
Each state has different laws regarding expungement and record sealing and not all felonies qualify for it. Getting a traffic felony charge expunged off one’s criminal record is equally as possible. Every state has set sometime within which one cannot apply for expunged and be granted before having a clean record again. Getting a divorce can take a long time and there are stages that people have to go through, these include filing a petition and a hearing.
The most valuable experience that can be of great help is when you employ the services of a criminal defense attorney that is well conversant with the expungement laws in your state. They can give an advice depending with certain conditions that is holding and can make a good plea to the judge. It is, however, important to note that not all expungement application is granted. With an attorney by your side, your likelihood of the judge giving your request his/her approval will be higher.
What Do Serious Traffic Offences Mean for The Driving Record?
Apart from going on your criminal record, the felony and misdemeanor traffic offenses have further consequences on the record of your driving. The details vary with the type of the violation you committed and the laws in your state on traffic. Some common ways these charges affect your driving privileges include:
- Penalties for accumulation of points against the driver’s licenses in the various states that may follow this system of demerit points.
- Rise in auto insurance premium
- Car or driving license withdrawal
- Other forms of participation such as such mandatory defensive driving classes or any other court ordered programs.