Sunday, January 15, 2012

Little Understood Fact—Traffic Tickets are Criminal Cases

The United States is truly a nation that loves to drive, and Houston and the surrounding areas are certainly no exception. In fact, by most estimations as many as 89 percent of the adults in America own a car, using it to commute to work, run errands, go on vacation and taxi their children from place to place. Unfortunately, with all this driving comes the inevitable traffic ticket. If you misplace that ticket or simply forget to pay it on time you could find yourself hit with a Harris County arrest warrant wondering what on earth to do next. In determining whether you should post a bond in Houston or not, it is probably wise to consult an experienced attorney at this point.

Traffic Tickets a Billion Dollar Industry
Let’s face it—anybody with a driver’s license has made the occasional driving mistake resulting in literally millions of traffic tickets being issued each year in the United States. Many people commit traffic violations without even realizing it—unfortunately the law does not accept ignorance of a traffic law as a valid excuse. Traffic tickets are intended to be a deterrent to driver mistakes due to the cost-if you’ve received a traffic ticket lately you were likely stunned by the amount owed since traffic tickets have evolved into a billion dollar industry.

Infractions vs. Violations
Whether you inadvertently or willfully committed the traffic violation remember that traffic tickets are considered criminal cases although there are varying levels of seriousness. Non-moving violations or moving violations which are considered non-dangerous fall in the category of infraction meaning the person committing such a violation cannot be jailed, receive an unreasonably large fine, have a jury trial or be entitled to a court-appointed attorney. Speeding tickets can garner a relatively large fine, depending on how many miles per hour beyond the posted speed limit you were driving.

In some cases speeding can be considered a form of reckless driving meaning it turns into a more serious moving violation. Other serious moving violations include running a stop light or stop sign which could potentially result in the injury of another person. Misdemeanor and felony traffic violations also include DUI, reckless driving, driving without insurance and failing to stop at an accident scene. If you’ve been charged with a more serious traffic infraction, you are entitled to all the normal rights afforded to criminal defendants.

Harris County Bond or Bail Bond
For the more serious violations, the driver can be taken into custody and required to post a bond in Houston, just as they would for other criminal, non-traffic crimes. If you have been required to post a Harris County Bail bond, then neglect to show up for your court date, an arrest warrant may be issued and you will pay an additional fine for failing to appear.

Although most traffic offenses in the State of Texas are considered Class C misdemeanors, punishable only by a fine, the implications of failing to pay the ticket or appear in court are much more serious and far-reaching. Should a warrant of arrest be issued because you failed to appear for your court date, a bond will be set by the court. This bond is an amount of money intended to guarantee your next court appearance.

What if I’m Not Guilty?
Even if you believe you are not guilty of the traffic offense you’ve been charged with, it is never wise to ignore a ticket. It’s a much better idea to consult an experienced traffic attorney who may be able to significantly maximize your chances of a successful appeal, therefore avoiding unnecessary points, fines and punishment. Remember, however, that there are always specific time limits regarding traffic violations therefore if you do not want to find yourself in the position of having to deal with a City of Houston arrest warrant, take decisive action now.

Author: Sullo & Sullo Attorneys

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