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Civil or criminal

Discussion in 'Speeding Tickets, Traffic & Moving Violations' started by Robert Frene, Mar 15, 2017.

  1. Robert Frene

    Robert Frene Law Topic Starter New Member

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    Are traffic citations criminal and subject to sanctions from criminal codes were there is no victim. Or are they a civil matter.
     
  2. army judge

    army judge Super Moderator

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    It depends on what a person is alleged to have done that stimulated the police to make contact with the driver.

    A simple stop sign allegation is a nothing burger.

    A DUI, on the other hand, amounts to a criminal charge.

    The way to distinguish these issues is what maximum penalty could be imposed upon a guilty person.

    In Texas, for example, three DUI convictions can send you to prison.
    Three DUI convictions make the third (4th, 5th, etc...) conviction a felony!!! This becomes AN EL GRANDE TRIPLE WHOPPER LOADED BURGER!

    The stop sign violation simply imposes a fine and some costs.
    That makes it a civil offense, or a traffic violation, depending upon the jurisdiction - Nothing Burger.
     
  3. adjusterjack

    adjusterjack Super Moderator

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    Most traffic tickets in NH are infractions.

    Some, like DUI, and major violations can involve imprisonment.

    Why do you ask?
     
  4. mightymoose

    mightymoose Moderator

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    Most traffic citations are infractions. Infractions are the lowest level of criminal offense and don't result in a criminal record or jail time, just fines to persuade change in naughty behavior.
    Some traffic issues can be misdemeanors and felonies and carry serious criminal penalties.
    In some jurisdictions petty theft and other petty crimes can also be prosecuted as an infraction, same as a traffic ticket.
     

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