New Haven Traffic Penalties
A traffic misdemeanor is any motor vehicle offense that carries the possibility of incarceration. The most common offense that attorneys see is operating under suspension. If the person’s license is suspended through the DMV and the person is caught driving, the person will be charged with operating under a suspension. Depending on the number of, if there any prior convictions, this does carry the possibility of incarceration.
If you are facing traffic penalties from a recent driving offense, an experienced traffic lawyer can advise you on the best course of action based on the facts of your case. A New Haven traffic lawyer understands how local laws can affect your case and will work with you towards a beneficial outcome for your future.
Penalties for Traffic Infractions
The maximum penalty for a traffic infraction is a fine. The fine amount depends upon the particular offense and the maximum fine associated with that offense.
Similarly, attorneys often see reckless driving; the most common situation for reckless driving is where someone is driving more than 85 miles per hour on a highway. That offense is statutory prescribed that if the person drives faster than 85 it will be deemed to be reckless driving. Those are the two most common misdemeanor motor vehicle offenses that are seen with any misdemeanor, the maximum penalty. The definition of a misdemeanor is the same thing that carries the possibility of incarceration.
Infraction to a Misdemeanor
The most common situation where a person will see an infraction change to a misdemeanor is a situation where a speeding ticket reflects that an individual was going faster than 85 miles per hour. The reason that’s important is that the legislature has prescribed that any individual traveling faster than 85 miles per hour will be guilty of reckless driving.
When the individual goes to court the prosecutor sees this and the prosecutor possibly can change the charge to from an infraction to a more serious offense of reckless driving. The way they do this is by filing substitute information charging the individual with reckless driving. That is the most common area in which attorneys see motor vehicle infractions change the most serious charge of an actual criminal misdemeanor offense.
The possible penalties for a traffic misdemeanor include up to one year in jail. The maximum penalty would be one year. There are also traffic offenses that are classified as felonies. For example, if an individual is charged with evading responsibility where there are serious injuries, that can be charged as a felony and in fact, that the maximum penalty is the possibility of 10 years’ incarceration.
Appealing Traffic Convictions
The traffic misdemeanor offense in is a criminal offense. What the person facing these traffic penalties in New Haven would need to do is try to work out a favorable disposition with the prosecutor and even in a judicial pre-trial with the judge. If the individual cannot work out a favorable disposition for their traffic penalty and they want to go to trial, they are actually entitled to a full-blown trial. This is only the case if the person is charged with any misdemeanor or felony charge for their traffic penalties.
The individual can file an appeal to the appellant court in the case that they lose their trial for their initial traffic penalties charge. The appealing process for traffic penalties starts by filing an appeal form, therefore, alerting the court.
The appellate process for traffic penalties requires the individual to obtain all the transcripts, the court file, the court records, the drafts, a lengthy brief, typically it is up to 35 pages. The state then gets to respond and ultimately the person has an oral argument before the appellate court. The process is lengthy and can take several years.