A traffic ticket can be a criminal offense. Traffic violations can involve moving or non-moving violations. Non-moving violations, such as parking meter violations, are not serious and can result in a basic fine.
Driving-related offenses, on the other hand, may or may not be a criminal offense depending on the violation in question. They may be classified as summary offenses, misdemeanors, or felonies, depending on the specific violation. As our traffic attorney explains, seatbelt violations or failing to signal are not criminal offenses, whereas DUIs and hit-and-runs are.
Traffic Offenses Can Vary in Their Penalties Depending on How Severe They Are
Traffic violations and offenses are processed and penalized based on their classifications. Under 75 Pa. C.S.A. § 6502, most violations of the Pennsylvania Vehicle Code are summary offenses unless the law specifically classifies them as misdemeanors or felonies. A person’s driving record also plays a part in the penalties they receive for committing a traffic violation.
If a violation causes or contributes to significant property damage, bodily injuries, or fatalities, the driver may face more serious criminal charges or enhanced penalties under Pennsylvania law, depending on the circumstances and the applicable statute.
Summary Traffic Offenses
Most routine traffic violations are summary offenses unless Title 75 or another Pennsylvania statute classifies them as misdemeanors or felonies. They are basic violations of the Pennsylvania Vehicle Code that are generally considered less serious than misdemeanor or felony offenses.
Examples of summary offenses include driving errors, such as:
- Failure to signal (75 Pa. C.S.A. § 3334): Turning movements and required signals
- Failure to yield (75 Pa. C.S.A. § 3323): Stop signs and yield signs, or another applicable yield statute depending on the circumstance
- Seat belt violations (75 Pa. C.S.A § 4581): Restraint systems
- Reckless driving (75 Pa. C.S.A. § 3736): Driving with willful or wanton disregard for the safety of persons or property.
Many routine traffic violations do not require proof that the driver intended to violate the law.
Misdemeanor Traffic Offenses
Traffic-related misdemeanor offenses are more serious than summary offenses and may result in higher fines, probation, imprisonment, and a criminal record, depending on the offense and the driver’s prior record.
Examples of misdemeanor traffic offenses include:
- Driving under the influence (DUI) (75 Pa. C.S.A. § 3802): Driving under the influence of alcohol or a controlled substance.
- Driving while operating privilege is suspended or revoked because of a DUI-related suspension (75 Pa. C.S.A. § 1543): Driving while operating privilege is suspended or revoked.
- Leaving the scene of an accident involving damage to an attended vehicle or property (75 Pa. C.S.A. § 3743): Accidents involving damage to attended vehicle or property.
You can plead guilty and pay a fine online or by mail, or you can plead not guilty and appear in traffic court to contest the criminal charges. Depending on the offense, you may also lose points on your driving record, and the Pennsylvania Department of Transportation (PennDOT) may require you to complete a driver improvement course or other corrective measures.
Felony Traffic Offenses
Some traffic-related offenses are classified as felonies because they involve particularly serious conduct or result in serious bodily injury or death.
Examples of felony traffic offenses include:
- Homicide by vehicle (75 Pa. C.S.A. § 3732): Death caused by a violation of the Pennsylvania Vehicle Code.
- Aggravated assault by vehicle (75 Pa. C.S.A. § 3732.1): Serious bodily injury caused by a violation of the Pennsylvania Vehicle Code.
- Accidents involving death or personal injury (75 Pa. C.S.A. § 3742): Duties following an accident involving death or personal injury.
According to PennDOT, you can face fines of up to $10,000, including jail time, for serious driving offenses. This does not include the cost of restoring your driving privileges or other fees that may apply following a conviction for a serious traffic offense.
Serious Offenses Can Lead to Fines, Imprisonment, and Harsher Penalties
In some circumstances, offenses for which you may expect nothing more than a ticket can be categorized as higher-level offenses. They can lead to fines and imprisonment, and they may be classified as misdemeanors or felonies.
Examples of driving offenses that can be classified as crimes include:
- Driving under the influence (DUI)
- Driving with a suspended or revoked license
- Driving recklessly or aggressively
- Being guilty of a hit-and-run or vehicular homicide
- Causing substantial property damage in an accident
- Causing significant bodily injuries in an accident
Although not every traffic violation is a criminal offense, the examples above demonstrate how certain violations can result in misdemeanor or felony charges under Pennsylvania law.
What Determines Whether a Traffic Offense is a Misdemeanor or Felony?
A traffic offense is categorized as a misdemeanor or felony based on the following factors:
- How the offense is classified under Pennsylvania law
- Whether Pennsylvania law increases the grading or penalties based on prior convictions
- Whether the offense resulted in serious bodily injury, death, or other circumstances identified by Pennsylvania law
Some low-level offenses can even be elevated to a criminal offense if the situation warrants such action. For example, although speeding is typically a summary offense, if a motorist exceeds posted speed limits by an excessive amount or speeds in a school zone, they can face amplified penalties.
Similarly, some traffic-related offenses are classified as felonies when the conduct and resulting harm satisfy the requirements of Pennsylvania law. For example, offenses involving serious bodily injury or death may be charged as felonies when the applicable statute authorizes that classification.
What Are the Legal Consequences for a Traffic Offense?
Title 75 of the Pennsylvania Consolidated Statutes outlines the laws governing traffic violations and related offenses. These laws address everything from routine traffic violations to more serious offenses involving bodily injury, death, or property damage.
Depending on the severity of the charges you face, penalties for traffic offenses can include:
- Fines
- Probation
- Parole
- Community service
- License suspension or revocation
- Immobilization or impoundment of your vehicle
- Points assessed against your driving record
The penalties imposed depend on the specific traffic offense, how it is classified under Pennsylvania law, and the facts of the case.
What Are the Long-Term Consequences of a Traffic Conviction?
The consequences of a traffic conviction often extend beyond the penalties imposed by the court. In addition to fines, probation, or license-related penalties, some convictions may affect your employment opportunities, professional licensing, insurance costs, and other aspects of your daily life. Understanding these potential consequences can help you make an informed decision before pleading guilty to a traffic offense.
Can a Traffic Ticket Affect Your Driver’s License?
Depending on the violation, a traffic ticket may result in points being assessed against your driving record, license suspension or revocation, or other administrative penalties imposed by PennDOT. The specific consequences depend on the offense, your driving history, and whether you have accumulated points from previous violations.
Under 75 Pa. C.S.A. § 1535, PennDOT maintains a driver’s license point system that assigns points for certain traffic violations. Accumulating too many points may result in additional consequences, including mandatory driver improvement courses, license suspension, or additional testing before your driving privileges are restored. Some traffic-related offenses, such as DUI and certain offenses involving a suspended or revoked license, may also carry mandatory license suspensions under Pennsylvania law.
You May Be Able to Contest Charges You Face for a Traffic Ticket
You have the right to plead guilty and pay a fine for a traffic ticket, but you also have the right to contest the ticket (including the level of charges it is categorized as) by appearing in court.
Pennsylvania law and the specific facts of your case determine whether your offense is a summary offense, misdemeanor, or felony, and an attorney from our law firm can help you fight the charges you face.
Ways to Fight Against a Traffic Ticket
You may be able to fight a ticket or lower the severity of your charges by showing that you have an otherwise clean driving history or that you were not guilty of the charges levied against you.
Similarly, you may be able to argue against fines, jail time, community service, or a driver improvement course by presenting evidence that supports your defense. Depending on the circumstances, this may include:
- Evidence that you were not responsible for the alleged violation
- Testimony or other evidence that challenges the officer’s observations or the facts supporting the citation
- Photographs, videos, or witness statements that support your version of events
- Evidence demonstrating that you have an otherwise clean driving record when it is relevant to the charges or potential penalties
Every traffic case is different, and the evidence needed to contest a citation or criminal traffic charge depends on the facts of the case and the applicable Pennsylvania law.
Our criminal defense attorney can evaluate the facts of your case, explain your legal options, and work to pursue the best possible outcome based on the circumstances.
Call McKenzie Law Firm, P.C., to Receive a Case Evaluation
Remember that not every traffic ticket is classified the same way under Pennsylvania law. Whether a traffic offense is classified as a summary offense, misdemeanor, or felony depends on the specific facts of the case and the applicable Pennsylvania statute. Factors such as your driving history, whether property damage or bodily injuries occurred in the accident, and whether the allegations involve willful or wanton disregard for the safety of others, where applicable, may affect the charges or penalties you face.
For assistance with fighting a traffic citation or handling charges you face for a traffic offense, contact McKenzie Law Firm, P.C., today at (610) 991-7219.
