If you’ve recently received a ticket in California, you might be wondering what it means, how it differs from other legal violations, and what steps you should take next. Understanding California’s infraction laws can help you navigate the situation with confidence.
What Is an Infraction in California?
In California, an infraction is considered the least serious type of offense. Unlike misdemeanors or felonies, infractions are not classified as crimes. They typically involve minor violations of the law and are usually punishable by a fine rather than jail time.
Key Characteristics of Infractions:
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No Jail Time: Infractions do not result in imprisonment.
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No Probation: Offenders are not placed on probation for infractions.
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No Criminal Record: Convictions for infractions generally do not appear on a criminal record.
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No Jury Trials: Cases involving infractions are typically heard by a judge, not a jury.
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No Public Defender: Defendants are not entitled to a public defender for infraction cases.
Common Infractions in California:
Infractions often involve violations of the California Vehicle Code, such as:
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Speeding
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Running a red light
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Illegal U-turns
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Failing to signal
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Parking violations
These offenses are typically addressed through citations or tickets issued by law enforcement officers.
Penalties for Infractions
The penalties for infractions in California are generally limited to fines. The amount can vary depending on the specific violation and the county in which the offense occurred. For example:
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Speeding: A base fine can range from $35 to $100, but additional fees can increase the total amount due.
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Running a Red Light: The base fine is typically $100, with additional fees leading to a total fine of around $500.
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Parking Violations: Fines can range from $65 to over $800, depending on the specific location and type of improper parking.
It’s important to note that these fines can be significantly higher than the base amount due to additional penalty assessments and fees that counties may impose.
How to Handle an Infraction Ticket
If you’ve received an infraction ticket in California, you have several options for how to proceed:
1. Pay the Fine
Paying the fine is an admission of guilt. Once paid, the matter is considered resolved, and no further action is required. However, paying the fine means you are accepting responsibility for the violation.
2. Contest the Ticket
If you believe you were wrongly cited, you can contest the ticket. This involves:
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Requesting an Arraignment: You can request an arraignment, where you will enter a plea of guilty, not guilty, or no contest.
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Trial by Written Declaration: In some cases, you may be able to contest the ticket by submitting a written declaration instead of appearing in person.
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Court Trial: If you plead not guilty, a court trial will be scheduled where you can present your case.
3. Request Traffic School
In certain cases, attending traffic school can help prevent points from being added to your driving record. This option is typically available for first-time offenders and may be offered by the court.
4. Seek Legal Advice
If you’re unsure about how to proceed or believe you have a valid defense, consulting with a traffic attorney can provide guidance tailored to your situation.
Differences Between Infractions, Misdemeanors, and Felonies
Understanding the distinctions between infractions, misdemeanors, and felonies is crucial:
| Category | Jail Time | Fine Amount | Criminal Record | Jury Trial | Public Defender |
|---|---|---|---|---|---|
| Infraction | No | Up to $250 | No | No | No |
| Misdemeanor | Up to 1 year | Up to $1,000 | Yes | Yes | Yes |
| Felony | Over 1 year | Varies | Yes | Yes | Yes |
As shown, infractions are the least severe offenses, with no jail time and minimal fines.
Impact on Driving Record and Insurance
Infractions can have consequences beyond fines:
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Driving Record: Certain infractions, like moving violations, can result in points being added to your driving record. Accumulating too many points can lead to a suspended license.
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Insurance Rates: Insurance companies may increase premiums if you have points on your driving record due to infractions.
Special Considerations
Immigration Status
Convictions for infractions generally do not affect immigration status. This is particularly important for non-citizens, as infractions do not trigger deportation or inadmissibility issues.
Habitual Traffic Offenders
California law designates individuals as habitual traffic offenders if they accumulate a specified number of violations within a certain period. Being labeled as such can lead to increased penalties and stricter enforcement.
Recent Legal Changes
California has implemented new laws affecting infractions:
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Daylighting Law: Starting January 1, 2025, parking within 20 feet of a crosswalk in the direction of approaching traffic is prohibited. This law aims to enhance pedestrian safety by improving visibility at intersections.
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Driverless Cars: A legal loophole currently prevents police from issuing traffic citations to autonomous vehicles operating without a driver. This exemption applies only to moving violations like speeding, while parking fines can still be enforced.
Conclusion
Receiving an infraction ticket in California is a common occurrence, but it’s essential to understand your rights and responsibilities. By paying the fine, contesting the ticket, or seeking legal advice, you can navigate the process effectively. Remember, while infractions are minor offenses, they can have lasting impacts on your driving record and insurance rates. Stay informed and take appropriate action to manage any infractions you may encounter.
If you need assistance with a specific infraction or have further questions, consider consulting with a legal professional specializing in California traffic laws.
Need Help with a California Traffic Ticket?
If you’ve been cited for a traffic infraction in California and aren’t sure what to do next, Southwest Legal is here to help. Whether you’re looking to contest a citation, reduce fines, or protect your driving record, our experienced legal team can guide you through the process with clarity and confidence.
Why Choose Southwest Legal?
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✅ Skilled traffic attorneys with deep knowledge of California law
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✅ Personalized legal strategies tailored to your case
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✅ Free consultations to assess your options
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✅ Proven success handling citations
Don’t let a ticket disrupt your life. Contact us today and get the professional support you deserve.
