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Traffic Violations

What is a Traffic ticket?

A traffic ticket is a notification that one has committed a minor legal infraction, for which a fine must be paid, and/or an appearance in court must be made (See: summons). Typically this means a parking ticket for parking in an unlawful manner or allowing a parking meter to expire, or a ticket for a moving violation such as speeding.

A ticket trap is where police deliberately set up in a place where motorists are likely to break the law, even if just on a technicality. This may include places where the speed limit is set too low (called a speed trap), or where there is an intersection with an awkward or confusing design. Often, this is used to earn extra money for a municipality, such as a poor rural town or county. This is also often illegal under the laws of the state, province, or other jurisdiction the municipality is under.

What is a Moving violation?

A moving violation is any violation of the law, committed by the driver of a vehicle, while it is in motion. The term "motion" distinguishes it from parking violations. While parking violations are charged against a vehicle (which will be towed if violations go unpaid or are frequent), moving violations are charged against the person driving. Moving violations are usually classified as infractions or misdemeanors, but serious violations can be considered felonies.

In most places, moving violations involve fines which must be paid as well as punitive points assessed to the license of the driver. As a driver accumulates points, he or she may be required to attend defensive driving lessons, re-take his or her driving test, or even surrender his or her license.

While the original intention of the fines was punitive, sometimes tickets are used for fundraising. For example, a local government that is suffering a budget shortfall may ticket more aggressively within its jurisdiction to increase revenue. See: speed trap.

In the United States, citation fines are nominal dollar amounts which can vary widely between jurisdictions for the same behaviour, usually between $25 and $1000. In some countries, however, they are specific proportions of the violator's income, and fines in excess of $100,000 can be assessed to wealthy individuals.

Common moving violations include:

* speeding (by far the most common violation)

* lapsed registration or inspection sticker

* not wearing a seat belt

* running a stop sign or red traffic light

* failure to yield to someone with the right of way

* failing to maintain a single lane

* not stopping for a pedestrian in a crosswalk

* crossing the gore (striped area)

* failure to secure a load to a truck or lorry

* driving in a car pool lane illegally

* driving too slow for road conditions, particularly in a left-hand lane

* littering

Speeding ticket.

A speed limit is the maximum speed allowed by law for vehicles on a road.

On interstate highways in the United States speed limits range from urban limits as low as 40 mph (65 km/h) to rural limits as high as 75 mph (120 km/h). Before the 1973 energy crisis, some states posted no speed limit on the interstate highways. At one time Kansas had an 80 MPH (130 km/h) speed limit on its turnpike system. In 1974, Congress imposed a nationwide 55 MPH (90 km/h) speed limit by threatening to withhold highway funds from states that did not adopt this limit. It was estimated a speed of 55 mph used 17% less fuel per mile than a speed of 75 MPH (120 km/h). It was also believed, based on a noticeable drop the first year the limit was imposed, that it cut down on highway deaths, but later studies were more mixed on this point. This limit was unpopular, especially in Western states. In 1987 states were permitted to raise speed limits to 65 MPH (105 km/h) on rural interstate highways.

All federal speed limit controls were lifted on November 28, 1995, leaving the task of setting maximum speeds to the states. Immediately, all states except Montana imposed numerical speed limits on their interstate highway segments, many higher than 65 mph (105 km/h). However, no Interstate highway, freeway, or expressway is currently signed for over 75 mph (120 km/h), and within major city limits, few freeways have speed limits over 65 mph (105 km/h).

For four years, Montana had a "reasonable and prudent" speed limit during the daytime, a limit it already had on state highways. As a result, drivers of high-performance automobiles began to regularly visit Montana for the specific purpose of driving at high speeds on its freeways (as if they were German autobahns). In June 1999, Montana joined the rest of the nation and imposed a maximum speed limit of 75 mph (120 km/h) on its Interstate highways.

In California, many speed limit signs are identified as "Maximum Speed", usually when the limit is 55 MPH or more.

In addition to the legally defined maximum speed, minimum speeds are posted occasionally. However, minimum speed laws are rarely enforced.

On most other roads and highways, the general speed limits are as follows:

* 5-15 mph (10-25 km/h) in parking lots (usually set by lot owners and non-binding)

* 15-25 mph (25-40 km/h) in school zones (passing in school zones is prohibited in some cities)

* 25-30 mph (40-50 km/h) on residential streets in cities and towns

* 35-45 mph (55-70 km/h) on major arterial roads in urban and suburban areas

* 45-70 mph (70-110 km/h) on highways outside cities and towns and urban expressways

* 55-70 mph (90-110 km/h) on non-Interstate freeways and rural expressways

* 65-75 mph (105-120 km/h) on rural Interstate freeways

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How to Avoid the Biggest Misconception About Traffic Violations

Did you know a traffic violation can cost you thousands of dollars a year?

While it’s better not to receive a ticket in the first place, the question is what to do in the event you do receive one. The operator is normally informed by the police officer that if you plead guilty and mail your fine, no points will be assessed against your license. While this is true, it’s also misleading. Your motor vehicle history will still reflect the violation. Your motor vehicle history is what the insurance companies look at to determine rates. A single moving violation is sometimes enough to send your rates through the roof, especially if a young driver is the recipient of the ticket. The violation will be part of your driving history for years to come.

We often advise our clients to plead not guilty when they receive a ticket. This is because, on many occasions when we represent a client in court on a traffic ticket, we have been able to obtain a successful conclusion which ultimately may save the client thousands of dollars in future insurance costs. Even a “minor” motor vehicle violation can cost you thousands of dollars per year in insurance premiums, so in many cases, it is cost effective to retain an attorney.

It should be noted that many insurance companies may treat minor infractitions as major violations. An exampe is Failure to wear seat safety belt in front seat,14-100a(c)(1). It ia a 37.00 fine but it can count as a major violation due to the fact you can substain more severe injuries by not wearing your seat belt.

We strongly encourage you to contact an attorney immediately if / when you recieve a ticket. Keep in mind that upon receiving a ticket, you may have only a limited amount of time to decide how you wish to plead, guilty or not guilty.

Article Tags: Traffic Ticket, Traffic Violation

About the Author:

Frederick D. Paoletti, Jr. is the founding principal of Paoletti & Gusmano Attorneys at Law, a criminal defense and personal injury firm located in Bridgeport, Connecticut. For more articles related to protecting yourself during personal injury and criminal situations, please visit http://www.paolettilaw.net.