Traffic Misdemeanors

What Is The Difference Between A Traffic Violation And A Traffic Misdemeanor?

The answer is purely statutory. If you violate a section of the V&T Law that is designated a misdemeanor that usually means you can be sentenced to a term of imprisonment of thirty (30) days in jail or more. A traffic infraction, on the other hand carries a maximum sentence of up to 15 days and may require assistance of a Traffic Violations Attorney in White Plains, NY. But most importantly, a misdemeanor will impose a criminal record. A traffic infraction will not.

Are You Arrested For A Traffic Misdemeanor?

 If you define arrest as being taken into custody, then yes for a traffic misdemeanor you are arrested. However there are circumstances under which a police officer might simply issue an appearance ticket with a future court date. Most people don’t realize it but they can be taken into custody for any moving violations of the Vehicle and Traffic Law. In the overwhelming majority of cases, police officers don’t choose to exercise that alternative but merely issue you a ticket with instructions as to how to contest the ticket if you so wish. If you have been issued a ticket for a traffic violation, you must contact a White Plains, NY traffic violations attorney right away.

What Would Escalate A Misdemeanor Traffic Violation To A Felony?

The answer is purely statutory. If you violate the Vehicle and Traffic Law and the elements of the offense are such that statutorily it is considered a felony, then that is what you will be charged with. For example: if you are driving on a suspended or revoked license usually you will be charged with a vehicle and traffic misdemeanor. However, if that suspension or revocation is due to an alcohol related incident and you are found to be impaired at the time you are stopped the charge will be a felony. If you leave the scene of a personal injury accident, you will be charged with a traffic misdemeanor, however, if you leave the scene of a personal injury accident which resulted in death you will be charged with a felony, that is what the statute requires. If you have been in any of these situations, you must seek assistance from the White Plains, NY Traffic Violations Lawyers at our office.

What The Most Common Types Of Traffic Misdemeanors?

The most common types of traffic misdemeanors are reckless driving, invalid insurance ID, driving uninsured, driving with inadequate brakes, engaging in an unauthorized speed contest, driving on a suspended or revoked license and driving while ability is impaired or intoxicated due to alcohol or drugs. For more information, call our office to speak with our Traffic Violations Attorney in White Plains, NY.