The Penalties for the Conviction of a Misdemeanor Traffic Violation
- Municipalities and states have a lot of leeway in the adjudication of minor traffic matters.fines higher sign image by kolesn from Fotolia.com
A misdemeanor traffic violation results in conviction after a trial, guilty plea or the defendant's entry of a "no contest," or "nolo contendere," statement. Although municipalities and states have a lot of leeway in the adjudication of these matters, a common thread is the use of penalties for offenses that merit a misdemeanor classification. Common traffic misdemeanors are moving violations such as speeding, reckless driving and driving under the influence of alcohol. - For any misdemeanor traffic offense, which results in prosecution and a subsequent guilty verdict, a judge may exercise discretion and order one or more penalties--including driver education--depending on the severity of the offense. A good example is the State of Georgia. If a judge finds that there is a good reason to question a licensed driver's competence, she orders the driver to undergo a re-examination through the Department of Public Safety to ascertain if a driver's license is truly appropriate for this resident. The judge can order a competent driver to complete a motor vehicle operator improvement course.
- In some cases, a driver guilty of a traffic-related misdemeanor may receive a fine. For example, the State of Florida recognizes fines in the amounts of $500 or $1,000 as sufficient penalties for misdemeanors. It is interesting to note that judges also have the option of imposing fines up to double the financial loss another motorist incurred. The defendant must also pay court costs in the amount of $20, as of 2009.
- In addition to fines---or instead of financial penalties---judges may opt for short prison terms when sentencing a guilty defendant in a misdemeanor traffic case. In Florida, a first-degree misdemeanor conviction can result in a prison term of up to one year, while a second-degree conviction may carry a term of up to 60 days, at the discretion of the presiding judge. In the State of Michigan it is sufficient for a traffic officer to issue a ticket for a misdemeanor offense that carries up to a 93-day jail term. If the penalty exceeds this time frame, a ticket is not sufficient for arrest; the prosecutor must file a formal complaint.
- Various jurisdictions have devised temporary licensing penalties that they impose prior to adjudication of the traffic matter. For example, an arrest due to drinking and driving enables a Michigan law enforcement officer to cut up the driver's license of any Michigan resident. The officer then issues a temporary driving permit the accused must carry until a judge decides the case.
Driver Education
Fines
Imprisonment
Temporary Licensing
Source...