Motorcycle crash- citation

Some traffic tickets are considered a "civil" ticket and some are considered a criminal offense, but all traffic tickets are prosecuted in criminal court. Generally leaving the scene of an accident, DUI, hit/run are going to be considered a criminal charge upfront.

 

When was the last time you had a speeding ticket prosecuted in civil court? The same prosecutor/judge that can prosecute you for murder, can also prosecute you for speeding or running a red light. Yes, some citation are considered civil, but they are tried/prosecuted in criminal court.

Is a Traffic Violation a Criminal Offense? | Nolo

 

Right as covid was starting.

Small civil court in the city. When they weren't doing in court sessions. Because of covid.

 

Your link says you are wrong and I am right. I love self pwnage. LOL

It's a civil infraction. It doesn't go to a civil court most of the time, but it can. It was given to you by a law enforcement officer. It is most likely tried in city court, which handles both. It can be issued by a state trooper, but still is handled in the local county courthouse which handles civil and criminal stuff. A traffic infraction is considered illegal behavior, but not a crime. Thus why a court that handles both civil and criminal infractions tries the case. When served with papers, you can be served civil court papers by a sheriff deputy. That doesn't make it a CRIMINAL OFFENSE. Sheriff's deputies serve eviction notices. Since when is an eviction notice a criminal offense? But it's being handled in a criminal court by a LEO, right? Not everything a cop does is criminal.

If a traffic infraction is a crime, then how come speed and red light cameras can issues citations? Since when can non-LEO issue a criminal citation? Computers can't do that. Because you have a constitutional right to confront your accuser. How would you legally confront and cross examine a camera on a pole?

Learn your legalese before spouting your BS, please.

Traffic tickets can be either civil or criminal, depending on the seriousness of the violation and the state's classification system:

• Civil: Minor traffic violations, such as speeding, running a red light, or failing to yield, are usually considered civil infractions. Civil violations are not criminal offenses, but they can result in points on your driver's license, which could lead to higher insurance premiums or a suspended license.

• Criminal: More serious violations, such as driving while intoxicated, are usually charged as misdemeanors or felonies and result in criminal penalties. Criminal penalties can include jail time and a criminal record.

"Basic traffic infractions—sometimes called civil infractions—are low-level violations that are usually not classified as crimes. They are basic omissions that are illegal but are not treated as criminal activity."

Is a Traffic Ticket a Criminal Offense? | McKenzie Law Firm.

 

Hit & run is certainly a criminal charge, no doubt. I thought the claim was most or all traffic citations are criminal.

 

Yes absolutely H&R is criminal, but he didn't say ONLY H&R was criminal, he said ALL TRAFFIC INFRACTIONS are criminal offenses, which is absolutely 100% false. Some of them are, the very serious ones, but not run of the mill minor stuff.

There are only two types of crimes, misdemeanors and felonies. Since traffic infractions are not misdemeanors, then they aren't crimes. They are civil violations, traffic infractions. You cannot be arrested for failing to stop at a stop sign or for speeding 5-10 over. Nope. You can get a ticket, but not arrested. Now do 30 over and its reckless driving, a misdemeanor crime that you can be arrested for.

 

Now tell us what really happened.

 

This also points out that it is state and case dependent. Any time you get a traffic citation, when you go before the judge, they warn you that you face a potential $999 fine and up to 1 year in jail, even for a speeding ticket. I spent 4 hours this morning dealing with jury duty, there were 4 possible cases, one was a traffic case (I was actually referred to that case but before I walked in the courtroom I saw the docket on the wall and knew one of the victims in the case, I pointed it out to the Clerk and was immediately sent back downstairs) this was simple speeding case, but it's being tried in District court as a criminal case. The second case, which I was immediately sent to that court room was a DUI where it was being tried as a criminal case. Due to various factors, I was excused from that jury and then told I could go home.

 

The maximum fine for most all misdemeanors is $999 or up to 1 yr in jail, a felony can carry a fine up to $$$$ and life imprisonment. I've had speeding tickets before where I was advised up front I could face a fine of up to $999 or 90 days.