Infractions vs. Misdemeanors in California Traffic Violations: Understanding the Difference

Traffic violations are a part of everyday life for most drivers, but not all traffic offenses are treated equally under California law. Some violations result in minor penalties, while others carry more severe consequences. One important distinction that often causes confusion is the difference between infractions and misdemeanors in California traffic violations.

In this article, we’ll break down the differences between infractions and misdemeanors, give examples of each, explain the legal implications, and discuss what to do if you’re facing either type of charge in California.

What is an Infraction?

An infraction is the least serious type of offense in California law. It’s considered a minor violation and doesn’t carry criminal penalties like jail time or probation. However, infractions do come with fines and potential consequences such as points on your driving record, increased insurance rates, and possible license suspension if you accumulate too many violations over time.

Examples of Common Infractions in California Traffic Law:

• Speeding (when not excessively over the speed limit)

• Running a red light or stop sign (unless it results in an accident or injury)

• Failure to signal when changing lanes

• Failure to yield to pedestrians

• Parking violations (e.g., parking in a restricted zone)

Infractions are typically handled in traffic court, and the defendant is not required to appear unless ordered by the court. If the person accused of an infraction chooses not to contest the ticket, they can simply pay the fine and be done with it. In some cases, a person can contest an infraction in court and potentially reduce the fine or get the case dismissed.

Key Characteristics of Infractions:

• No jail time or probation

• Fine-based penalties

• No criminal record

• No right to a jury trial

• The violation is typically handled by paying a fine or attending traffic school

Penalties for Infractions:

Infractions typically result in monetary fines, and while the fines can vary, they typically range from $25 to $500 or more. In some cases, drivers can attend traffic school (for eligible violations) to reduce points on their driving record, which can help avoid insurance rate increases or even suspension of the driver’s license.

What to Do if You’re Charged with an Infraction:

If you’re issued a ticket for an infraction, you can:

1. Pay the fine – Paying the ticket is an admission of guilt.

2. Contest the ticket – You can appear in court to argue your case or ask for the ticket to be dismissed.

3. Attend Traffic School – If eligible, attending traffic school can help reduce or eliminate the impact of the infraction.

What is a Misdemeanor?

A misdemeanor is a more serious offense than an infraction. Misdemeanors are classified as criminal offenses, meaning they can result in criminal records, jail time, or probation, along with fines and other consequences.

In California, traffic violations can be classified as misdemeanors if they are severe enough or involve aggravating factors like injury, recklessness, or intoxication. Misdemeanors typically involve more substantial legal consequences than infractions, including a potential jail sentence (up to one year in county jail), probation, and higher fines.

Examples of Common Misdemeanors in California Traffic Law:

• Driving under the influence (DUI) – Driving with a blood alcohol content (BAC) of 0.08% or higher.

• Reckless driving – Driving with willful disregard for the safety of persons or property.

• Hit and run – Leaving the scene of an accident where property damage or injury occurred.

• Driving without a valid license – If the driver has been previously suspended or revoked.

• Driving with a suspended or revoked license due to prior offenses.

Key Characteristics of Misdemeanors:

• Possible jail time (up to one year in county jail)

• Probation and community service

• Criminal record

• Higher fines and longer-lasting penalties

• Right to a jury trial

Penalties for Misdemeanors:

Penalties for misdemeanors can be far more severe than for infractions. If convicted, penalties may include:

• Jail time – Up to one year in county jail for some offenses

• Probation – A period of probation could involve community service, additional fines, or restrictions on driving privileges

• Higher fines – Misdemeanors can carry substantial fines, ranging from $1,000 to $5,000 or more

• Criminal record – A misdemeanor conviction becomes part of your criminal record and can affect employment, housing, and other areas of life

• Probation or mandatory DUI classes – For DUI offenders, mandatory classes or alcohol treatment programs might be required

How Does California Law Classify Traffic Violations?

In California, traffic violations are generally divided into three main categories:

1. Infractions – Minor violations with no criminal penalties.

2. Misdemeanors – More serious offenses, often involving a risk to public safety, with criminal penalties like jail time, probation, or fines.

3. Felonies – Rare in the context of traffic violations, felonies are reserved for the most severe offenses, such as vehicular manslaughter or felony DUI.

When Does an Infraction Become a Misdemeanor?

In many cases, a traffic violation starts as an infraction but can escalate to a misdemeanor if aggravating circumstances are involved. For example:

• DUI – While driving under the influence is usually considered a misdemeanor, it can become a felony if someone is injured or killed in the accident.

• Reckless driving – What starts as a simple speeding violation can be considered reckless driving if the driver is endangering others or engaging in high-speed races.

What Should You Do if You’re Charged with a Misdemeanor Traffic Violation?

If you’re facing a misdemeanor traffic charge in California, it’s important to take the matter seriously. Here are steps you can take:

1. Consult an Attorney – A skilled traffic attorney can help you understand the charges, negotiate with prosecutors, and represent you in court.

2. Attend Court – Unlike infractions, misdemeanor charges require you to appear in court. Failure to do so can result in an arrest warrant or other penalties.

3. Consider Plea Bargaining – In some cases, the prosecutor may offer a reduced charge or lesser penalties in exchange for a guilty plea.

4. Prepare for Potential Consequences – Misdemeanor traffic offenses may lead to criminal records, probation, and even jail time. Understanding these consequences will help you make informed decisions.

What is the Difference Between Infractions and Misdemeanors?

Here’s a quick summary of the main differences between infractions and misdemeanors in California traffic law:

Conclusion

Understanding the difference between infractions and misdemeanors in California traffic law is crucial for anyone facing a traffic violation. Infractions are minor violations that come with fines and possible driving school, but they don’t carry criminal penalties. On the other hand, misdemeanors are more serious offenses that can lead to jail time, criminal records, and significant fines. If you’re unsure about your case, consulting with a traffic attorney is always a good idea, especially when facing a misdemeanor charge.

Remember, traffic violations can have long-term consequences on your life, so it’s important to know your rights and responsibilities as a driver. Whether you’re dealing with an infraction or a misdemeanor, understanding the legal system is the first step toward resolving your case efficiently.

Need Legal Assistance?

If you’ve been charged with a traffic violation in Southern California, Southwest Legal is here to help. Our experienced traffic attorneys specialize in traffic law and can guide you through the legal process to ensure you get the best possible outcome. Whether you’re facing an infraction or a misdemeanor, don’t navigate the legal system alone—contact us today for a free consultation.