Are Traffic Tickets Civil or Criminal

By R. Scott Magee, Attorney at Law

October 13, 2023

In Texas, traffic tickets occupy a unique intersection between civil and criminal law. They are primarily considered civil offenses, but under certain circumstances, they can escalate to criminal charges. Below, we discuss the classification and potential consequences, and why consulting with a Williamson County traffic defense lawyer is always wise.

Civil Traffic Tickets

Traffic violations, such as speeding, running a red light, or failure to yield, are generally treated as civil offenses in Texas. They are categorized as infractions rather than crimes.

Civil traffic violations typically result in fines, which are imposed to discourage unsafe driving behaviors and to fund public safety initiatives. Points may be assessed against the offender’s driving record, potentially leading to increased insurance rates.

Civil traffic violations are adjudicated in traffic courts, where individuals have the opportunity to contest the ticket and present evidence in their defense. In some cases, traffic violators may choose to attend defensive driving courses to dismiss or reduce fines.

Example of Civil Traffic Infractions in Texas

Some common examples of civil traffic offenses include the following:

Speeding: Exceeding the posted speed limit is one of the most prevalent traffic infractions. Penalties vary based on the degree of speeding.
Running red lights or stop signs: Failing to obey traffic signals or stop signs poses a significant risk to both drivers and pedestrians.
Failure to yield right of way: This includes not giving way to other vehicles or pedestrians when required, such as at intersections or crosswalks.
Improper lane changes or turns: Making abrupt lane changes without signaling or executing unsafe turns can lead to infractions.
Driving without proper equipment: This can involve issues like non-functional headlights, brake lights, or turn signals.
Expired or invalid license or registration: Operating a vehicle with an expired or invalid license or registration is a common infraction.
Failure to use seat belts or child restraints: Failing to secure yourself or passengers properly is a violation of safety regulations.
Texting or using a mobile device while driving: Texas law prohibits the use of handheld devices while driving, except in hands-free mode.
Parking violations: This includes infractions like parking in a no-parking zone, blocking driveways, or exceeding time limits in designated areas.
Failure to signal: Neglecting to use turn signals when required, such as when changing lanes or making turns, is an infraction.
Disobeying road signs or markings: Ignoring traffic signs or pavement markings can lead to infractions.
Following too closely (tailgating): Maintaining an unsafe following distance behind another vehicle can result in an infraction.

It’s important to note that while these infractions are categorized as civil offenses, they can still lead to fines, points on your driving record, and potential increases in insurance premiums. Seeking legal advice from a traffic attorney can help you understand your options for contesting or mitigating the consequences of a civil traffic infraction.

Criminal Aspects of Traffic Tickets

Certain traffic violations can escalate to misdemeanor offenses in Texas. Examples include driving while intoxicated (DWI) or driving with a suspended license.

Misdemeanor traffic offenses carry more severe penalties than civil infractions, including potential jail time. In rare cases, traffic violations can lead to felony charges. This occurs in situations involving vehicular manslaughter, hit-and-run accidents resulting in serious injury or death, or repeat DWI offenses.

Felony traffic offenses carry significant consequences, including substantial fines, lengthy imprisonment, and the potential loss of driving privileges. Even misdemeanors come with the possibility of jail time up to one year and costly fines.

Examples of Criminal Traffic Offenses

Criminal traffic infractions in Texas involve more serious offenses that can lead to criminal charges and potentially harsher penalties. Here are some examples:

Driving while intoxicated (DWI): DWI involves operating a vehicle with a blood alcohol concentration (BAC) above the legal limit of 0.08% or while impaired. Penalties can include fines, license suspension, and jail time.
Reckless driving: This encompasses extremely careless or dangerous driving behaviors that endanger others on the road. It can lead to fines, license suspension, and potential jail time.
Hit and run (leaving the scene of an accident): Fleeing the scene of an accident without stopping to exchange information or offer assistance is a criminal offense. Penalties can be severe, especially if there are injuries or fatalities involved.
Vehicular manslaughter: Causing a death while operating a vehicle recklessly or under the influence of drugs or alcohol can lead to serious criminal charges and significant penalties, including imprisonment.
Evading arrest or eluding law enforcement: Attempting to evade police officers during a traffic stop or pursuit is a criminal offense that can result in fines and imprisonment.
Driving with a suspended or revoked license: Operating a vehicle when your driver’s license has been suspended or revoked is a criminal offense. Penalties may include fines, license suspension extension, and potential jail time.
Felony DWI: Repeat DWI offenses, especially those involving serious injuries or fatalities, can escalate to felony charges with severe consequences.
Aggravated assault with a vehicle: Using a vehicle as a weapon to cause serious bodily harm to another person can lead to felony charges with significant penalties.
Street racing or drag racing: Engaging in organized or spontaneous races on public roads is a criminal offense. Penalties can include fines, license suspension, and potential jail time.

These criminal traffic infractions are considered serious offenses in Texas and can have long-lasting consequences. If charged with any of these offenses, seeking immediate legal representation from a criminal defense attorney is essential to navigate the legal process and build a strong defense.

Factors Influencing the Severity of Penalties

An individual’s prior traffic infractions, as well as any history of criminal traffic offenses, can impact the severity of penalties imposed.

Factors such as excessive speed, reckless driving, or driving without a valid license can escalate a civil infraction to a criminal offense.

When a traffic violation results in injury or loss of life, it significantly heightens the potential legal consequences, potentially leading to criminal charges.

Handling Traffic Tickets in Texas

Individuals who receive traffic tickets have the option to contest them in court. This may involve presenting evidence, challenging the officer’s account, or seeking legal representation.

In some cases, attending a state-approved defensive driving course can lead to the dismissal or reduction of fines associated with certain traffic violations.

When facing criminal traffic charges or in complex situations, consulting with a qualified attorney is crucial. They can provide expert guidance, build a strong defense, and advocate for the best possible outcome.

Facing a traffic ticket might seem minor, but the implications can be significant. Hiring a defense lawyer is crucial for several reasons:

They possess deep knowledge of traffic laws and local regulations, enabling them to navigate complex legal processes effectively.
They can investigate the circumstances of your ticket, potentially uncovering errors or irregularities that could lead to dismissal.
They can negotiate with prosecutors to seek reduced charges, lower fines, or alternative penalties like traffic school. This can prevent points on your driving record, which could lead to increased insurance rates.
If your case requires a court appearance, having a lawyer by your side provides invaluable legal representation and ensures your rights are protected.
They can present a compelling defense, question witnesses, and challenge evidence

Overall, a defense lawyer’s experience can often lead to a more favorable outcome, potentially saving you money, protecting your driving record, and sparing you from the long-term consequences of a traffic violation.

A Williamson County Traffic Defense Attorney Ready to Help

Whether addressing a civil infraction or navigating a more serious criminal charge, seeking legal advice and representation can make a significant difference in the outcome of the case.

Our team at Scott Magee, Attorney At Law PPC, can help. Contact us for more information today.

Contact R. Scott Magee, Attorney at Law, to receive expert guidance and dedicated representation for your criminal defense case.

Categories: Criminal Defense