In New York, many people may not realize that there are significant differences between traffic infractions and misdemeanors. Each has its own set of consequences, legal procedures, and impacts on a person’s record. Understanding these distinctions is important because the consequences of each type of offense can affect a person’s life in different ways. Both traffic infractions and misdemeanors deal with violations of the law, but their seriousness varies. This page will explore the differences between traffic infractions and misdemeanors, what each means under New York law, and why it matters to understand the type of offense a person may be facing. At, Arthur L. Pressman, Attorney at Law, we are here to guide you through the legal process and help you navigate the complexities of your case.
Arthur Pressman focuses in the areas of DWI, traffic law and criminal defense.
What Are Traffic Infractions in New York?
Traffic infractions in New York are considered minor violations that occur while driving. These infractions include offenses such as speeding, not stopping at a red light, or failing to use a turn signal. Traffic infractions are usually viewed as less serious than misdemeanors and do not involve jail time. When someone is stopped by the police for a traffic infraction, they may be given a ticket, which will indicate the offense and the fine that must be paid. The person will usually have the option to either pay the fine or contest the ticket in traffic court.
In New York, traffic infractions do not lead to a criminal record because they are not classified as criminal offenses. This means that a traffic infraction will not show up in a criminal background check. However, traffic infractions can still have consequences. For example, points may be added to a driver’s license, and if too many points are accumulated within a certain period, the driver’s license can be suspended. In addition, traffic infractions can lead to increased insurance rates, which may affect a driver’s financial stability. The points that come with traffic infractions are tracked by the New York State Department of Motor Vehicles, and each type of infraction has a specific point value.
Examples of Traffic Infractions
Some common traffic infractions in New York include speeding, running a stop sign, and making illegal turns. Each of these actions breaks the rules of the road but is not considered a major offense. Speeding, for example, is a common traffic infraction that occurs when a driver goes over the speed limit set on a specific road. Running a red light or stop sign is also common and can lead to accidents, but it is still considered a minor infraction under New York law. Making illegal turns, failing to yield, or not wearing a seatbelt are other examples of traffic infractions that do not lead to criminal charges.
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While traffic infractions are generally considered minor, repeated violations can lead to more severe consequences. If a driver continues to commit traffic infractions over time, they may face penalties, such as license suspension, due to the points that accumulate on their driving record. Although these penalties are not as severe as those for misdemeanors, they can still affect a person’s ability to drive legally and safely.
What Are Misdemeanors in New York?
Misdemeanors are more serious offenses than traffic infractions and are classified as criminal offenses. In New York, misdemeanors are typically divided into three classes: Class A, Class B, and Unclassified Misdemeanors. Class A misdemeanors are the most serious and can lead to jail time of up to one year, while Class B misdemeanors are less serious but can still result in jail time of up to 90 days. Unclassified misdemeanors have specific penalties set by law for each offense.
Unlike traffic infractions, misdemeanors are criminal offenses, which means they will appear on a person’s criminal record. This record can have long-term effects on someone’s life, affecting their ability to get a job, find housing, or even obtain certain professional licenses. Because misdemeanors are seen as criminal offenses, the legal process for handling them is also different. If someone is charged with a misdemeanor, they will be required to go to criminal court, where they may face a judge and possibly a jury. This can be a stressful process, and it is often wise for individuals facing misdemeanor charges to seek legal advice.
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Examples of Misdemeanors Related to Traffic Violations
Some traffic-related offenses are serious enough to be considered misdemeanors. Driving under the influence (DUI) or driving while intoxicated (DWI) is a common example. Unlike a simple speeding ticket, a DWI charge means that a driver has been accused of operating a vehicle while impaired by alcohol or drugs. This is considered a serious offense because it puts other drivers and pedestrians at risk. A person convicted of a DWI may face jail time, fines, and a suspended license. Another example of a misdemeanor traffic violation is reckless driving. Reckless driving occurs when a person drives in a way that shows a disregard for the safety of others. This could include excessive speeding, weaving between lanes, or other dangerous behaviors.
In New York, driving with a suspended license can also be charged as a misdemeanor. This offense occurs when someone drives even though their driving privileges have been revoked or suspended due to previous infractions or other reasons. Driving without a valid license is taken seriously because it shows that the person has chosen to ignore the consequences of their actions. Because of this, driving with a suspended license can lead to criminal penalties, including possible jail time.
The Legal Consequences of Traffic Infractions vs. Misdemeanors
One of the main differences between traffic infractions and misdemeanors is the severity of the consequences. Traffic infractions generally involve only a fine or, in some cases, points on the person’s driving record. A driver may also face higher insurance rates because of the infraction. However, the financial impact and points can still cause challenges, especially if multiple infractions occur within a short period.
In contrast, misdemeanors can result in criminal penalties, including jail time, probation, community service, or mandatory programs. For instance, a person convicted of a DWI may be required to attend an alcohol education program, which can impact their time and finances. Additionally, a misdemeanor conviction will be recorded on the individual’s criminal record, which can have long-lasting effects on their personal and professional life. A criminal record can make it harder for a person to find employment, rent an apartment, or even travel in certain situations.
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The Court Process for Traffic Infractions and Misdemeanors
The process for handling a traffic infraction is generally straightforward. When someone is issued a ticket for a traffic infraction, they can choose to either pay the fine or contest the ticket in traffic court. If they choose to contest the ticket, they may have to appear before a traffic court judge to explain why they believe they were wrongly ticketed. However, traffic court does not involve a jury, and the penalties are usually limited to fines or points on the driver’s record.
In contrast, misdemeanors are handled in criminal court, which is a more formal setting. Misdemeanor cases can involve both a judge and a jury, and the accused person has the right to legal representation. The court process for a misdemeanor is more involved and can include pretrial hearings, plea negotiations, and a full trial if the case is not resolved through a plea deal. Misdemeanor cases may take longer to resolve because they are considered more serious than traffic infractions. If convicted, a person facing a misdemeanor may have to deal with criminal penalties and the long-term impact on their record.
How Traffic Infractions and Misdemeanors Affect Driving Records
Traffic infractions and misdemeanors can both impact a person’s driving record, but in different ways. Traffic infractions result in points being added to the person’s record. If a driver accumulates too many points, they may face a license suspension or other penalties. Points from traffic infractions can also cause insurance rates to go up, which may become a financial burden over time. These points remain on a driver’s record for a set period, depending on the severity and frequency of the infractions.
Misdemeanors also affect a person’s driving record, but they go beyond just adding points. A conviction for a traffic-related misdemeanor, like a DWI, may lead to a suspended or revoked license. This can make it difficult for the person to commute to work, school, or other essential activities. A misdemeanor conviction may also require the driver to carry special insurance, known as SR-22 insurance, which is often more expensive than regular coverage. The combination of a criminal record and the impact on the driving record can create lasting obstacles.
Why Understanding the Difference Matters
Knowing the difference between traffic infractions and misdemeanors is important because each type of offense has unique consequences. Traffic infractions are generally minor and may only result in a fine and points, while misdemeanors are criminal offenses that can lead to jail time, a criminal record, and other significant penalties. The difference between these offenses means that handling each type of violation requires different approaches. For someone dealing with a misdemeanor, seeking legal guidance can be essential due to the more serious consequences involved.
If you are facing a traffic infraction or a misdemeanor charge in New York and are unsure of what to do next, Arthur L. Pressman, Attorney at Law, is here to help. We understand how confusing and overwhelming the legal process can feel. With knowledgeable and compassionate legal guidance, we are committed to assisting you through every step, helping you make informed decisions, and working toward the best possible outcome for your situation. Contact us today to discuss your case and learn how we can provide the support you need during this challenging time.