Criminal Traffic Offenses Under the Law

Ordinary traffic violations like speeding or running a red light may result in a fine and points on a license. More serious offenses involving vehicles may lead to criminal charges, which could result in jail time. A driver charged with a criminal traffic offense should take it seriously, understanding the risk of stiffer penalties and the burden of having a conviction on their record. They should not try to talk their way out of the problem on their own, even if the charge seems to have resulted from a simple misunderstanding. Instead, they should consult an attorney who can guide them through any interactions with the police or prosecutors.

Vehicle and criminal codes in each state list numerous traffic offenses. Some of the most common types of charges are discussed further below.

Driving Without a License

Almost everyone who operates a motor vehicle on public roads needs to have a valid license from the state motor vehicle agency. Laws provide a few narrow exceptions, such as certain situations involving agricultural or government workers. A driver who is not a resident of the state is exempt from its licensing rules if they have a valid license from the state where they live.

Defenses to a charge of driving without a license might include challenging the basis for the stop in which an officer discovered that the driver did not have a license. To pull over a driver, an officer must have a reasonable suspicion that a crime or violation has occurred. If they do not, any evidence from the stop cannot be used against the driver. A driver also might argue that they were not driving, that they were covered by an exemption, or that they were facing an emergency that justified breaking the license law.

Driving on a Suspended or Revoked License

A state may suspend or revoke the license of a driver for various reasons, not all of which are related to their driving. If a driver gets notice of this action and goes out on the road anyway, they may be charged with driving on a suspended or revoked license. In certain situations, though, a driver may get a restricted license that allows them to drive for limited purposes during at least part of the suspension or revocation period.

If a driver charged with this offense was operating a vehicle within the scope of a restricted license, this would be a complete defense to the charge. Other defenses might include arguing that the driver did not get notice of the suspension or revocation, their license was not actually suspended, they drove only because of an emergency, or the officer did not have a proper basis for the stop.

Hit and Run

When an accident causes injuries or property damage, each driver involved needs to stop at the scene. They need to provide certain information, such as their name, address, and insurance, while offering assistance to victims. If a driver fails to take any of these steps, they can face a charge for leaving the scene of an accident, often known as “hit and run.”

A defendant might argue that they did not know (and could not reasonably have known) that they were involved in a crash. Or perhaps they suffered injuries that prevented them from providing their information or assistance. In other cases, the defendant might claim that they were not driving at the time, or that a passenger forced them to leave the scene.

Reckless Driving

Some types of driving behaviors go beyond carelessness or inattentiveness. A driver may face a reckless driving charge in situations such as when they showed a willful or wanton disregard for the safety of other people or their property. For example, this may involve extreme speeding violations or racing other vehicles. Statutes may list specific violations that are automatically considered reckless driving.

Defenses to a reckless driving charge include some of the usual defenses to other motor vehicle charges, such as arguing that the defendant was not the driver or that they were confronting an emergency. Or a defendant might acknowledge that they drove negligently but claim that their mental state did not reach the “willful and wanton” level required for reckless driving. They might fight a charge based on excessive speeding by challenging the speed measurement.

Vehicular Assault

Vehicle or criminal codes in many states outline an offense called vehicular assault, injury by vehicle, or something similar. This generally occurs when a driver causes a crash that injures someone else while engaging in certain culpable behavior. For example, reckless driving or DUI often supports this type of charge. The prosecutor may need to show that the injuries were serious. (A fatal accident may lead to a vehicular homicide charge.)

One potential defense involves showing that the driver did not engage in the underlying behavior specified by the statute. Perhaps they simply operated their vehicle carelessly when the statute requires drunk or reckless driving. They also might dispute fault for the collision or argue that the injuries did not result from the collision or were not serious enough to fall within the statute.

Penalties for Criminal Traffic Offenses

Criminal traffic offenses may result in jail time, which varies greatly depending on the state and the severity of the offense. Incidents that involve collisions or injuries often lead to a longer time behind bars. For example, here are some potential periods of imprisonment for various offenses under New York laws:

• Driving without a license: up to 15 days
• Driving on a suspended license: up to 30 days
• Reckless driving: up to 30 days
• Vehicular assault: minimum term of 1-1.33 years

Here are some potential periods of imprisonment under Tennessee laws:

• Driving without a license: up to 30 days
• Driving on a suspended license: up to 6 months
• Reckless driving: up to 6 months
• Vehicular assault: 2-12 years

In addition, a driver might face a fine and a period of license suspension or revocation. If their actions caused injuries, a victim could bring a lawsuit against them for damages. These could range from financial items like medical bills and lost income to intangible harm like pain and suffering and lost enjoyment of life. A victim bringing a lawsuit must meet a lower standard of proof than a prosecutor bringing a criminal charge, so a driver might be liable for damages even if they are not convicted.

Last reviewed October 2024