When is a Traffic Offense an Infraction, and When is a Traffic Offense a Misdemeanor?
In North Carolina traffic offenses are divided into three categories, infractions, misdemeanors and felonies. The specific traffic offense you can be charged with will depend on the unique nature of the offense and the circumstances involved. The most serious of the three categories is a felony charge while the least serious offenses are infractions.
Not surprisingly, most individuals are often confused by the difference between a traffic infraction and a misdemeanor. Many believe that infractions are merely an inconvenience and the best option is to pay the fine and move on. However, not fully understanding the ramifications that even a simple traffic violation can have, often leads to misconceptions about how that traffic offense should be handled. Even small infractions have the potential to lead to consequences such as fines, license points, and increases in insurance rates. Before you take any action with your traffic ticket, you should contact an attorney about your options to ensure you are making the right decision for you, your driving record, and your wallet.
What is an Infraction?
An infraction is a violation that is non-criminal and is generally only punishable by a fine. These include actions that are prohibited by law, but not serious enough to be classified as a crime. Infractions are rarely punishable with any type of jail sentence. However, violators are subject to fines. Typically the maximum penalty is $100, along with court administrative costs.
Most traffic offenses are considered infractions. The most common North Carolina infractions include the following:
- Speeding less than 15 MPH over the speed limit
- Seat belt violations, including North Carolina’s child restraint laws
- Failing to stop or yield
- Failing to signal
- Making an illegal U-turn
- Improper equipment
- Running a red light
- Improperly passing, turning, or backing up
- Following too closely
What is a Misdemeanor?
In North Carolina misdemeanors are criminal violations. Punishments for misdemeanors can include jail sentences of up to six months and fines. Misdemeanors are further divided into classes based on the severity of the crime. Class 3 is the least serious and Class A1 is the most serious offense. Those traffic offenses that are punishable by an imprisonment sentence are considered a crime under North Carolina laws. Depending on the severity, these offenses can be charted as either misdemeanors or felonies and include the following violations:
- Speeding over 15 mph over the speed limit, or over 80 mph
- Reckless driving
- Driving with a suspended or revoked license
- Driving without valid registration and/or insurance
- Window-tint violations
Do you Need an Attorney for your Traffic Infraction or Misdemeanor?
Don’t be fooled into believing that all traffic offenses are inconsequential. If you have received any traffic ticket in Chatham County, the attorneys at Hopper Cummings have the knowledge and local experience to help you obtain the best possible outcome. We are committed to helping you make informed decisions with honest advice. If you have received a traffic ticket, do not delay protecting yourself from the harsh penalties that can result. Let us help you minimize the impact it will have on your driving record and wallet by contacting us today for a consultation by phone at 919-533-4115 or online by completing the traffic contact form on this website.
