On July 1, 2021, Nevada became the latest state to decriminalize traffic tickets and eliminate license suspensions for failing to pay traffic fines and fees. But while the end of driver’s license suspensions takes effect in October 2021, other provisions won’t begin until January 2023, leaving it up to individual jurisdictions to decide whether to treat minor traffic infractions as civil infractions rather than crimes.
Each state sets its own traffic laws, which means that a violation that just results in a minor traffic ticket in one state could be a misdemeanor in the next. What should drivers know about the treatment of various traffic infractions?
Infractions, Violations, and Crimes
When looking into the laws for your particular state or states, it’s important to know the difference between a traffic infraction, a traffic ordinance violation, and a misdemeanor or felony.
A traffic infraction is the most minor type of violation. Infractions are generally punished with a ticket and relatively small fine or fee. However, in some states (like Nevada until 2021), unpaid traffic infraction tickets could lead to license suspension.
An ordinance violation is a violation of a local ordinance—most commonly parking tickets. Like infractions, ordinance violations are generally punished by a small fine and no jail time.
Accruing a certain number of traffic infractions or ordinance violations over a short period of time can add points to your driver’s license. Depending on your state’s point system, you could be required to attend traffic school or take an online course to avoid having your driver’s license automatically suspended. (You’ll also pay higher auto insurance premiums if you have one or more infractions or ordinance violations on your record.)
A misdemeanor or felony is a violation of law that is punishable by both fines and jail or prison time. Most misdemeanor or felony traffic charges involve dangerous behavior like driving while intoxicated or reckless driving.
Common Types of Traffic Infractions
Traffic infractions generally fall into a few main categories.
Disregarding a Traffic Signal
If you run a red light or sail through a stop sign, you can be cited for disregarding a traffic signal. Most states classify this as an infraction or ordinance violation; however, if you’re pulled over for disregarding a traffic signal and then fail a field sobriety test or are driving on a suspended license, you could face additional criminal penalties.
Speeding
Speeding is one of the most common traffic infractions in most states. You’ll usually have to pay a fine of around $150 (the nationwide average), plus court costs and fees. You’ll also pay an average of 20 percent or more extra in auto insurance premiums for the next couple of years.
Exceeding the speed limit by more than a certain threshold (usually at least 20 to 30 miles per hour over the speed limit) may be classified as aggressive or reckless driving in some states.
Parking in a Restricted Area
Cities, counties, and townships can set their own ordinances, including parking ordinances, but some violations are fairly universal—like not parking in a handicapped spot, not blocking a fire lane, and not parking in front of a fire hydrant. Violating one of these parking ordinances can result in a hefty fine and points on your driver’s license. (If you’re blocking a fire lane or hydrant during an emergency, you may also find your vehicle towed at your expense.)
Reckless or Aggressive Driving
Unlike most other traffic violations, driving recklessly or aggressively can be a crime. Some of the actions that can lead to a charge of reckless or aggressive driving include:
- Significantly exceeding the speed limit
- Quickly changing lanes without signaling
- Shouting, honking, or making aggressive gestures at other drivers
- Cutting off another driver and then braking suddenly
- Instigating or participating in a street race
What constitutes reckless or aggressive driving can vary from state to state. Often, officers must need to witness at least two of the above behaviors within a short period to elevate a speeding ticket or failure to yield into a charge of reckless or aggressive driving.
Driving Under the Influence
Driving while under the influence of alcohol, certain prescription medication, or illicit drugs is illegal in all 50 states. However, the penalties for DUI can vary widely. Some states, like Alaska, can issue sentences of up to 99 years in prison for those who commit vehicular homicide while under the influence. Other states, like Minnesota and Kentucky, have average penalties of only six months to 10 years in prison for the same offense.
Generally, those charged with their first substance-abuse-related offense will be able to either plead down the charges or enter a diversion program so that the criminal charge is ultimately dismissed.
What Happens if You Fail to Pay a Traffic Ticket?
Even in states where failing to pay a traffic ticket won’t result in jail time or stiff fines and fees, it’s a bad idea to let these tickets sit idle. Not only can unpaid tickets raise your auto insurance rates, but they can carry late fees and other penalties that will only increase the total amount you owe.
If you can’t afford to pay a traffic ticket, don’t just ignore it. Contact the court, clerk, or Bureau of Motor Vehicles to see whether there are payment options that can allow you to stay current without putting too large a dent in your monthly budget.
