Misdemeanor Traffic Offenses in California: What You Need to Know

If you’ve been involved in a traffic violation in California, you may have heard the term “misdemeanor” thrown around. Misdemeanor traffic offenses in California can have serious consequences that go beyond just a fine. In this blog post, we’ll provide you with all the essential information you need to understand what constitutes a misdemeanor traffic offense in California, how these offenses are handled in the legal system, and what penalties you might face if you’re convicted.

What Is a Misdemeanor Traffic Offense in California?

In California, a misdemeanor is a criminal offense that is less severe than a felony but still carries significant consequences. Traffic offenses in California can be classified into two categories: infractions and misdemeanors. While most traffic violations (like speeding or running a stop sign) are infractions, certain violations can be classified as misdemeanors if they involve more serious conduct or pose a danger to public safety.

A misdemeanor traffic offense in California typically involves behaviors such as reckless driving, driving under the influence (DUI) of alcohol or drugs, hit-and-run accidents with property damage, and driving with a suspended or revoked license. These offenses are considered more serious than simple infractions because they can result in criminal charges and potential jail time.

Common Misdemeanor Traffic Offenses in California

1. Reckless Driving (VC 23103)
   Reckless driving is one of the most common misdemeanor traffic offenses in California. Under California Vehicle Code Section 23103, reckless driving occurs when someone drives a vehicle in a manner that shows a willful disregard for the safety of people or property.

   • Example: Speeding excessively, weaving in and out of traffic, or engaging in street racing may all be considered reckless driving.

   • Penalties: A conviction for reckless driving can lead to fines, license suspension, and up to 90 days in jail.

2. Driving Under the Influence (DUI) (VC 23152)
   Driving under the influence of alcohol or drugs is another serious misdemeanor traffic offense in California. Under California Vehicle Code Section 23152, you can be charged with DUI if your blood alcohol content (BAC) is 0.08% or higher (or 0.04% for commercial drivers), or if you are impaired by drugs, including prescription medications or marijuana.

   • Penalties: A first offense DUI can result in a fine, mandatory DUI education classes, a suspended driver’s license, and up to six months in jail. Additional offenses or aggravating factors (such as causing an accident) can lead to harsher penalties.

3. Hit-and-Run (VC 20002)
   A hit-and-run occurs when a driver leaves the scene of an accident without providing their contact and insurance information or offering assistance to the other party involved, especially if there is property damage or injury.

   • Penalties: If you are convicted under California Vehicle Code Section 20002, you can face a fine, up to six months in jail, and the possibility of license suspension. If the hit-and-run involved injury, the offense can become a felony.

4. Driving with a Suspended or Revoked License (VC 14601)
   If you are caught driving with a suspended or revoked license, you can face misdemeanor charges under California Vehicle Code Section 14601. License suspension can occur for various reasons, including unpaid fines, DUI convictions, or accumulating too many points on your driving record.

   • Penalties: A conviction can lead to fines, additional license suspension, and up to six months in jail. Repeat offenders may face more severe penalties.

5. Evading a Peace Officer (VC 2800.1)
   If you flee from a police officer who is attempting to stop your vehicle, you could be charged with evading a peace officer under California Vehicle Code Section 2800.1. This is a misdemeanor offense unless the evasion involves reckless driving, in which case it can be upgraded to a felony.

   • Penalties: Convictions for evading a peace officer can result in fines, jail time, and a possible suspension of your driving privileges.

What Happens After a Misdemeanor Traffic Offense?

If you are charged with a misdemeanor traffic offense in California, the process will typically proceed as follows:

1. Arrest or Citation: If law enforcement believes you have committed a misdemeanor traffic violation, you may be arrested or given a citation. In some cases, especially for DUI or reckless driving, an arrest is likely.

2. Court Appearance: After being charged with a misdemeanor, you will be required to appear in court. You will have the opportunity to plead guilty, no contest, or not guilty. It is important to consult with a traffic attorney before making any decisions, as the penalties can be severe.

3. Trial: If you plead not guilty, your case will proceed to trial. At trial, both the prosecution and defense will present their arguments, and the judge or jury will determine your guilt or innocence.

4. Sentencing: If you are convicted, the judge will impose a sentence. Depending on the offense, this could include fines, jail time, mandatory driving school, community service, and other consequences.

Penalties for Misdemeanor Traffic Offenses in California

The penalties for misdemeanor traffic offenses vary depending on the offense and any aggravating or mitigating factors. Some of the potential penalties include:

• Fines: Most misdemeanor traffic offenses come with a fine. These can range from a few hundred dollars to thousands, depending on the offense.

• Jail Time: Certain offenses, like DUI and reckless driving, can result in jail time. For a first-time offense, jail time may be limited, but repeat offenders or cases involving significant damage or injury can lead to longer sentences.

• License Suspension: Some traffic misdemeanors can lead to the suspension or revocation of your driver’s license. The length of suspension depends on the offense and your driving history.

• Probation: In some cases, a judge may sentence you to probation instead of jail time. Probation conditions can include attending traffic school, complying with community service requirements, or avoiding further traffic violations.

• Points on Your Driving Record: A misdemeanor traffic offense typically results in points being added to your driving record. Accumulating too many points can lead to license suspension.

Defending Against Misdemeanor Traffic Offenses

If you are charged with a misdemeanor traffic offense in California, it is important to consult with a traffic attorney who can help you build a strong defense. Some common defense strategies include:

• Lack of Evidence: If there is insufficient evidence to support the charge, you may be able to get the case dismissed.

• Mistaken Identity: In some cases, drivers are wrongly accused, and a defense attorney can argue that you were not the one committing the offense.

• Involuntary Actions: In some situations, you may be able to argue that the offense was committed unintentionally, or that you were forced to break the law due to an emergency.

• Improper Procedure: If the police did not follow proper procedures when making the arrest or issuing the citation, this could be grounds for dismissal.

Conclusion

Misdemeanor traffic offenses in California are serious matters that can result in fines, jail time, and a suspension of your driving privileges. It is essential to understand the laws and penalties surrounding these offenses so you can make informed decisions if you are ever charged. If you find yourself facing misdemeanor traffic charges, it is highly recommended to seek legal advice to ensure that you are properly represented and understand all your rights.

By taking the right steps, you can minimize the consequences of a misdemeanor traffic violation and protect your future on the road.

Need Legal Help?

If you’ve been charged with a misdemeanor traffic offense in California, don’t face the legal system alone. Southwest Legal is here to help you navigate the complexities of your case. Our experienced traffic attorneys can help you understand your rights, explore defense options, and work to minimize the consequences of your charges. Contact us today for a free consultation and take the first step toward protecting your future!