Types of Traffic Offenses in New Haven
In New Haven, there is a broad classification of motor vehicle traffic offenses that contain motor vehicle infractions, motor vehicle misdemeanors, and motor vehicle felonies. A traffic infraction is defined as anything that carries a maximum penalty of a fine.
A traffic misdemeanor is a motor vehicle offense that carries a maximum of one year in jail and a motor vehicle felony is an offense that carries a minimum of five years or more in jail. Those distinctions of possible traffic offenses are based upon the penalty which an experienced New Haven traffic lawyer can explain and help defend against.
Infractions and Misdemeanors
The difference between an infraction and a misdemeanor is in receiving a traffic offense versus receiving the maximum penalty. A misdemeanor for a traffic offense carries the possibility of incarceration. A misdemeanor charge for a traffic offense carries a maximum of one year in jail. The key distinction between the two traffic offenses is the maximum penalty and a traffic infraction carries a fine and a traffic misdemeanor carries the possibility of incarceration.
Most Common Infractions
There are a number of common infractions in New Haven, which includes speeding, failure to signal, failure to maintain lanes. A common infraction see is the passing of a school bus. When the school bus has stopped and it has the stop sign listed and a person passed that school bus, it will not be a crime but rather, and infraction, taken very seriously.
Additionally, speeding tickets can be something that is very serious in pursuit by the prosecutor in the event the person has multiple previous tickets or if the person is driving at a very high rate of speed. In fact, there are cases in which prosecutors initially, although the person is charged with the infraction of speeding will increase the charge to reckless driving.
The most common traffic offense is traveling speeding or traveling unreasonably fast. There are different offenses that carry different fine amounts depending on whether the person is driving on the highway, whether the person is on a city street and the speed that they are going. The most common are the actual charges speeding and then traveling unreasonably fast. Those are the most two common speeding-related infractions.
In New Haven, traffic enforcement is a major part of the police operation on a daily basis. So it is something that they do enforce strictly, as they do setup checkpoints, they do setup speed traps and they certainly issue tickets on a frequent basis. They very often will enforce these with traffic laws for couple reasons.
They believe it leads to a safer community, so when people are going through red lights, speeding through the city, or simply not following other traffic laws, it creates a situation where it endangers other members of the community. New Haven has certainly seen a number of pedestrian deaths as well as motor vehicle deaths, so traffic laws in New Haven are taken very seriously and many types of offenses are prosecuted heavily.
Appealing a Traffic Infraction
The process for challenging a motor vehicle infraction starts from the moment the person is given the traffic offense ticket. An officer will give the person a traffic ticket and they have the option to either mail it in and pay a fine in which essentially finding themselves guilty of the traffic offense. Alternatively, the person can mail it back not guilty and that is the first step to challenging the traffic offense case. The person who mails the traffic offense back not guilty will then receive a notice of the transfer from the DMV.
What that means is, the DMV is transferring the matter of the traffic offense to court to hear the not guilty plea. The case is transferred to court, they will give the person a notice called a transfer date. From there, the court will assign a court date for the traffic offense not guilty plea. That is the process by which to challenge an initial motor vehicle offense.
If the person ultimately cannot work out a favorable disposition for their traffic offense case, they cannot have a hearing. Dealing with a traffic offense is not like dealing with a criminal case, where the individual gets a judge and jury. Instead, it is simply a hearing in front of a magistrate. If the person facing the traffic offense is found guilty they may then have a hearing.