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Home  /  Criminal Defense  /  When Does a Traffic Violation Become a Misdemeanor?

When Does a Traffic Violation Become a Misdemeanor?

There are different instances where what one might consider a traffic violation is actually a misdemeanor. A misdemeanor requires you to answer the ticket in criminal court. The two most common examples that we see are driving with a suspended license, and driving with a suspended or expired registration. For instance, if you fail to appear to answer a ticket and your license gets suspended as a result, then in the event that you are pulled over again, you will receive a ticket for driving with a suspended license (aggravated unlicensed operator). Driving with a suspended license is considered a misdemeanor and can come with pretty severe consequences. Other traffic misdemeanors that are criminal in nature include driving while intoxicated, or driving while impaired by drugs. In some instances, reckless driving can be considered a misdemeanor as opposed to a traffic infraction.

Are People Arrested for a Traffic Misdemeanor?

In some instances, people are arrested for traffic misdemeanors. In most DWI cases, the drivers are placed under arrest, taken to the station, and booked as they would be in any other type of criminal case. In instances where the misdemeanor is for something like driving with a suspended license or registration, the driver can be arrested, although some officers use their discretion and do not place the driver under arrest. Instead, they will issue the ticket and give them the opportunity to show up in court on the assigned date.

Do any Traffic Violations Automatically Fall off Your Record After a Certain Period of Time?

The points on your record usually fall off after three years.

How Many Points Lead to a Suspension? how Serious is it?

If a driver gets 11 points in an 18-month period, their license to drive in New York is automatically suspended. So, it can be very serious. There are other ways that your license can be suspended as well. For example, failing to answer a summons or failing to pay fines and surcharges either to the court that you are assigned in, or to the DMV, can lead to a suspension. Also, if you get three speeding convictions within an 18-month period, your license in New York will be suspended.

What can Enhance a Traffic Misdemeanor Charge to a Felony Traffic Charge?

There are many crimes that can be committed while driving a car. We often see criminal cases that go together with traffic infractions. For example, if someone is pulled over for speeding and the officer determines that the driver is intoxicated or under the influence of drugs, that driver will likely be issued both a speeding ticket and a DWI ticket, the latter of which is a crime. If a person is arrested for DWI within ten years of having had a prior DWI conviction, that second DWI may be considered a felony, which comes with much more significant consequences.

Additional Information About Traffic Offenses in New York

In general, clients do not tend to consider traffic violations as being very serious. However, traffic violations can come with serious consequences, so you want to be careful. That’s why it makes sense to seek out the advice of an attorney before you make any decisions about how to handle your traffic violation.

For more information on Traffic Misdemeanors In New York, a free initial consultation with our New York car accident lawyer is your next best step. Get the information and legal answers you are seeking by calling (855) 228-7369 today.

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" Last year I was injured in an accident, and for the first time, needed the advice of an attorney regarding how to proceed. I was referred to Thomas Gallivan through a family member who is a lawyer in Massachusetts. I am beyond pleased with how Thomas handled my case. He was knowledgeable, professional, and although the case was not as straightforward as some, he used every resource to ensure a positive outcome. Thomas communicated with me regularly and I felt completely informed and confident in his ability. He expertly negotiated a fair settlement that I was very happy with. The entire experience was extremely positive, during a stressful time for me. Thank you Thomas. "

Melanie

" Attorney Thomas Gallivan is a wonderful attorney!! I particularly liked his professionalism, consistency, always kept us updated on the case, and available upon request. He worked extremely hard and was persistent on getting the best settlement in a timely matter. I truly appreciated his prompt responsiveness to emails and phone calls. The office staff was very pleasant and made sure to get messages to him asap. Glad we chose this law firm, would highly recommend and in the event that we ever need an attorney again, Gallivan & Gallivan would be my primary choice. "

Katherine R.

" I was a passenger on a motorcycle and ended up falling off the back of the bike due to the driver acting like an idiot. I fell off at a high rate of speed and was very banged up. Fractured wrist and road rash down my back and elbows. I am lucky I didnt die. Not knowing what to do I contacted Thomas and he could not have been anymore helpful!! He went out of his way to meet with me. He actually came to my house for the initial consultation. I know nothing about law or what my options even were. He took me through everything step by step. "

Colin W.

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