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Traffic Violations

Traffic violations are "quasi-criminal" offenses, not violations of the general criminal law. Traffic violations are a mix of regulatory and penal offenses based on violations of state statutes and municipal ordinances relating to the operation of vehicles.

Punishment

Traffic violations cover a broad range of infractions from violations such as riding a bicycle without a helmet, to major violations such as reckless driving. Punishment is generally limited to payment of fines, compulsory driving school attendance, points levied against your driving license, and suspension or revocation of your driving license. However, repeatedly committing traffic violations within a specific time period may result in increased penalties.

Rights

Like crimes, traffic violations must be proved beyond a reasonable doubt. However, unlike crimes, you do not automatically have the right to a jury trial for traffic violations. Some traffic violations are considered petty offenses not covered by the Sixth Amendment right to jury trial. Generally, you do have other constitutional rights, like the Fifth Amendment right to remain silent, when charged with a traffic violation.

Traffic violations constitute probable cause to stop your car, meaning that law enforcement officers have a right under the constitution to stop your car and question you. Many serious criminal cases start when a law enforcement officer stops a car for a moving vehicle violation. Officers have the right to seize evidence of crimes, such as drugs or guns, that are in "plain view". Even if an officer cannot see evidence of crime, they can investigate suspicious activity that may lead to the discovery of wrongdoing.

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