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Most people think of traffic violations as lowly matters that don’t have much bearing on their lives. As such, many simply pay the ticket and move on. However, the vast majority of traffic violations in Texas are criminal charges, and the fact they are usually misdemeanors does not mean that they can’t seriously mar your record. If you’re facing a traffic charge, seek the skilled legal guidance of an experienced Killeen criminal defense attorney today.
Only Parking Violations Avoid Criminal Charges
Of all the traffic violations you can be charged with in the State of Texas, parking tickets are generally the only ones that don’t lead to criminal charges. However, failing to pay your parking tickets, which are classified as infractions, can lead to serious consequences, including additional fees and the potential of not being allowed to renew your driver’s license.
While many states don’t issue traffic citations for moving violations as criminal charges, Texas goes its own way, and it’s important to keep this distinction in mind. It is also important to point out that traffic violations begin as Class C misdemeanors but can easily escalate to more serious charges.
Class C Misdemeanors
Class C misdemeanors are often referred to as fine-only misdemeanors because a conviction carries fines of up to $500 but no jail time. Typically, Class C misdemeanors like traffic violations lead to tickets being issued rather than arrests being made. Failing to appear in court or failing to pay the associated fine, however, can lead to a warrant being issued for your arrest.
Further, when someone simply doesn’t pay their fines, the court can order them to wait it out in jail. In fact, a letter to the Texas House Criminal Jurisprudence Committee reports that this happens far more often than most people realize.
Admission of Guilt
Class C misdemeanor tickets can be paid online or by mail, but doing so is an admission of guilt, which can lead to serious complications. Discussing your case with a dedicated Killeen criminal defense attorney is advised.
It’s important to point out that you are not entitled to legal representation for a Class C misdemeanor – the way you would be for any other criminal charge – but your investment in a favorable resolution by hiring your own legal counsel can more than pay for itself.
Expungement
A Class C misdemeanor conviction can be expunged if no additional charges are filed against you – and if you meet a set of highly exacting circumstances. The path toward expungement is challenging, and working closely with a seasoned Killeen criminal defense attorney is always to your advantage.
Why It Matters
It’s easier to simply pay the amount on your ticket and put the matter behind you, but the consequences of doing so can be considerable. It may be worth considering fighting your ticket.
You Will Have a Criminal Record
As mentioned, once you pay that traffic ticket, you have pleaded guilty to the Class C misdemeanor it represents, which means that you will have a criminal record. The ticket you hold in your hand isn’t going to put any effort into ensuring that you understand this important point, but it remains the truth.
While a Class C misdemeanor conviction related to a traffic ticket may not affect your social standing – many people have been hit with traffic tickets – it could affect your job opportunities, your ability to rent a new place, and your education opportunities. Many enterprises adopt a blanket approach and make it their policy to reject applicants with criminal records of any kind.
The bottom line is that a criminal record is a matter of public information, and it’s difficult to know the extent of the consequences you’ll face up front.
You’ll Accumulate Points and Could Lose Your License
Most of us can’t afford to lose our driving privileges, but a conviction for a traffic violation means points against your license, and enough points can lead to a driver’s license suspension. Points are calculated as follows:
You’ll receive two points against your license for a traffic violation.
You’ll receive three points against your license for a traffic violation that results in a collision.
Any points that you receive will be applied to your driving record, and one point will drop away for every year that you drive without accumulating additional points.
Either of the following situations can lead to a driver’s license suspension:
Four or more traffic violations in one year
Seven or more traffic violations in two years
Civil Liability
If you are charged with a traffic violation and simply pay the ticket, you are – as mentioned – admitting guilt in the matter. If the accident led to a collision and someone else involved ultimately files a civil or car accident case, citing you as the negligent party, your admission of guilt will not serve you well.
Claimants have two years to file car accident lawsuits in Texas, which means that – long after you pay that ticket – you could be found liable for the other party’s physical, financial, and emotional losses in a related civil case.
Common Traffic Violations that Are Charged as Class C Misdemeanors
There is a wide range of traffic violations that are generally charged as Class C misdemeanors in the State of Texas.
Unsafe Lane Changes
A charge of unsafe lane change can refer to any of the following offenses:
Failing to effectively use your indicators – or blinkers – when you change lanes
Failing to allow room for other vehicles to maneuver around you while changing lanes
Crossing multiple lanes of traffic at one time – instead of safely moving to the lane closest to you before proceeding safely to the next lane
The charge of an unsafe lane change can generate a ticket of up to $200.
Passing Another Vehicle on the Right
Drivers in Texas are required to pass to the left of other vehicles, and passing to the right is only allowed when conditions permit doing so safely and one of the following factors applies:
The vehicle you’re passing is in the process of making – or is about to make – a left turn.
You are on a highway with unobstructed pavement that isn’t occupied by parked vehicles, and the road is wide enough to accommodate at least two lines of moving traffic in each direction.
You are on a one-way street or are on a road that’s been restricted to one-way traffic, that is free from obstruction, and that is wide enough for at least two lines of moving traffic.
Child Safety Restraint Violations
Transporting a child who is younger than eight years old in a vehicle without using an appropriate safety seat or booster according to the manufacturer’s instructions related to the child’s height and weight is a Class C misdemeanor in Texas. This law holds unless the child is taller than 4 feet, 9 inches. Failure to comply with this law can lead to a ticket for up to $250.
Speeding
Speeding is generally charged as a Class C misdemeanor in Texas, and the ticketed amount increases with the amount over the speed limit you’re going. While driving even one mile over the posted speed limit is technically against the law, it may not land you with a ticket, but it can get you pulled over as a means of checking you out for other potential charges.
Speeding tickets are typically calculated according to the percentage by which you exceed the posted speed limit, and there is a so-called 10 percent rule. As such, if the speed limit is 40 MPH and you’re clocked at a speed of 44 MPH, you’ve reached the 10 percent mark, and as a result, you can face higher fines as well as points against your driver’s license.
Exceeding the speed limit by 20 MPH or more translates to still higher fines and can limit your options for dismissal via a defensive driving class.
Employing an Unsafe Driving Distance
In Texas and other states, motorists are required to maintain safe distances between their vehicles and forward traffic. Failure to do so can lead to traffic tickets.
Calculating a safe distance depends on a range of factors, but the general rule of thumb is to allow 3 to 4 seconds for every 10 mph in speed. This guidance means that if you’re traveling at 50 mph, you should allow at least 15 to 20 seconds between you and the vehicle in front of you.
This time allowance should increase in direct proportion to dangerous weather conditions and to large forward vehicles, which require longer stopping distances and block your view. Traffic density and the size of your own vehicle should also be taken into consideration.
FAQ about Traffic Violations
If you’re facing a traffic violation in Texas, the answers to some of the most frequently asked questions may help.
Shouldn’t I Just Pay the Fine and Get It over With?
Traffic tickets for anything other than parking violations in the State of Texas represent criminal offenses, and if you pay the ticket, you are admitting guilt. Because your criminal record, which you’ll now have, is a matter of public information, paying the ticket can come back to haunt you in the following ways:
It can negatively affect your opportunities in relation to getting a new job, renting a new place, or pursuing a higher education.
It can seriously limit your ability to fight a related civil case against you, such as if someone else involved in the accident determines they were injured and comes after you for compensation.
It can add points to your driver’s license that can add up to a license suspension.
Consult with a knowledgeable Killeen criminal defense attorney before paying that traffic ticket.
Are Traffic Violations Always Class C Misdemeanors in Texas?
Other than parking violations, most traffic violations are charged as Class C misdemeanors in the State of Texas, but this isn’t always the case. For example, a first DWI charge is generally a Class B misdemeanor, which carries up to 180 days in jail and fines of up to $2,000. Further, a second DWI charge can be enhanced to a felony.
Other serious traffic violations that can be charged as Class B misdemeanors include the following offenses:
Traveling at a speed that exceeds the posted limit by 25 MPH
Traffic violations that can lead to felony charges and, as a result, can carry prison time include all the following offenses:
DWI with a child passenger
Traffic violations that leave someone else injured or dead
Intoxication assault or intoxication manslaughter
Do I Really Need an Attorney for a Traffic Violation?
The consequences of pleading guilty to a traffic violation can reverberate into your future in ways that are difficult to calculate from the outset. Because keeping your criminal record spotless is always advised, consulting with a practiced Killeen criminal defense attorney is always a good idea.
Can a Traffic Violation that Is a Class C Misdemeanor Ever Lead to Jail Time?
A Class C misdemeanor traffic ticket can lead to jail time. If you fail to show up for your court date to fight the charge or you fail to pay the fine – and, in the process, admit guilt – the court can issue a warrant for your arrest. Such arrests are more common than you may realize.
An Experienced Killeen Criminal Defense Attorney Is on Your Side
Brett Pritchard at The Law Office of Brett H. Pritchard – proudly serving Killeen, Texas – is an accomplished criminal defense lawyer with decades of imposing experience helping valued clients like you resolve their traffic tickets favorably – with the goal of keeping their records clean.
For more information about how we can also help you, please don’t hesitate to reach out and contact us online or call us at (254) 781-4222 to schedule your FREE consultation today.