Traffic Violations
| Author | Jeffrey Wilson |
| Pages | 99-103 |
Page 99
Traffic violations followed the invention of the automobile: the first traffic ticket in the United States was allegedly given to a New York City cab driver on May 20, 1899, for going at the breakneck speed of 12 miles per hour. Since that time, countless citations have been issued for traffic violations across the country, and states have reaped untold billions of dollars of revenue from violators.
Traffic violations can be loosely defined as any acts that violates a state or municipalities traffic laws. Most laws are local, though the federal government does regulate some traffic aspects, and it can deny federal money in order to coerce states to pass particular traffic laws. Today, motorists can find themselves faced with dozens of traffic laws, depending on where they are driving. These traffic laws vary by state, city, highway, and region
Traffic violations are generally divided into major and minor types of violations. The most minor type are parking violations, which are not counted against a driving record, though a person can be arrested for unpaid violations. Next are the minor driving violations, including speeding and other moving violations, which usually do not require a court appearance. Then there are more serious moving violations, such as reckless driving or leaving the scene of an accident. Finally there is drunk driving, also called Driving Under the Influence (DUI), which is a classification onto itself.
All but the most serious traffic violations are generally prosecuted as misdemeanor charges; however, repeat offenses can be prosecuted at the level of felonies. As misdemeanor charges, most traffic violations require payment of a fine but no jail time. State laws do not allow a judge to impose a jail sentence for speeding or failure to stop at a signal. However, more serious traffic violations, such as drunk or reckless driving, can result in jail time at the judge's discretion.
The most common type of traffic violation is a speed limit violation. Speed limits are defined by state. In 1973, Congress implemented a 55-miles-perhour speed limit in order to save on energy costs, but these were abolished in 1995. Since then, most states have implemented 65-mph maximum speed limits. There are two types of speed limits: fixed maximum, which make it unlawful to exceed the speed limit anywhere at any time, and prima facie, which allow drivers to prove in certain cases that exceeding the speed limit was not unsafe and, therefore, was lawful.
Page 100
Another common type of traffic violation is a seat belt violation. Most states now require adults to wear seatbelts when they drive or sit in the front seat, and all states require children to be restrained using seat belts. New York was the first state to make seat belts mandatory, in 1984.
The effect of a traffic violation depends on the nature of the offense and on the record of the person receiving the traffic violation. Beyond the possibilities of fines and/or jail, other consequences of traffic violations can include traffic school, higher insurance premiums, and the suspension of driving privileges.
Fines for traffic violations depend on the violation. Typically, states will have standard fines for a specific group of moving violations, with the fines increasing with the seriousness of the violation. Some states will also increase the fine if violators have other violations on their record. Courts will occasionally reduce fines on violations while still recording the violation as part of the violator's record.
Virtually every state allows perpetrators of a traffic violation to attend some sort of traffic school in return for the violation being wiped off their records. Traffic school generally consists of a 6-8 hour class that describes the dangers of committing traffic violations. Different states have different procedures regarding...
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