When you get pulled over, there’s a good chance that you’re about to get some type of citation. Also known as tickets, these are violations that end up costing you money and time, especially if you have to go to the courthouse to contest the ticket. What’s more, there are more serious driving-related infractions you can incur, and some of them may remain on your record indefinitely.
That said, traffic violations don’t feel as serious as a misdemeanor or felony for something else, right? So, if you’re asking yourself, “Are traffic violations criminal or civil?” We completely understand, and in this guide, we’ll answer this question for you and offer additional context.
What Is a Traffic Violation?
It’s important to understand what a traffic violation is before we determine if it’s a civil or criminal offense. Traffic violations are defined as a breach of traffic laws governing the operation of motor vehicles, and are enforced by police officers or highway patrol officers (state troopers) who will issue a citation at best. Depending on the severity of the citation, you may need to contact the court or even appear in traffic court.
It’s important to note that if a police officer gives you a warning, it’s likely not a violation. In fact, it only becomes a violation when the officer writes you a citation.
Are Traffic Violations Criminal or Civil?
Whether or not a traffic violation is civil or criminal depends on the nature of the driving infraction. Let’s say you get pulled over for drinking and driving; in this example, the traffic violation would be a criminal offense that’s charged as a felony or misdemeanor depending on your state and number of prior DUI offences. On the other hand, minor driving infractions that result in a few points on your license may be handled as a civil case.
Examples of Civil Traffic Violations
For civil traffic violations, you’re usually looking at parking tickets or speeding tickets (within reason). Examples of civil traffic violations include:
- Running a red light or stop sign.
- Not wearing your seatbelt.
- Speeding within 10-30 miles per hour (MHP) of the speed limit.
- Texting or talking on the phone while driving.
- Parking where you shouldn’t.
These are only a few examples, and the types of violations that are civil or criminal vary based on the state.
Examples of Criminal Traffic Violations
When it comes to criminal traffic violations, more serious infractions tend to be handled as criminal offenses. Examples include:
- Driving while under the influence of alcohol or drugs (DUI/DWI).
- Driving without a license or driving with a suspended or revoked license.
- Vehicular manslaughter or murder.
- Trying to escape from a police officer.
These are only a few examples, and you may find more or less depending on the state and situation.
How to Determine if Traffic Violations Are Civil or Criminal
Staying on top of your driving record and criminal record is important, especially if you have a job interview coming up.
A good rule of thumb to follow is that if there is no criminal punishment, the traffic violation is more likely civil than criminal. On the other hand, if a violation results in jail time or misdemeanor charges, there’s a good chance that it’s kept as a criminal record.
You can use tools like UnMask to determine if your traffic violations are kept as civil or criminal records. You can run your name through one of the available tools to view all available public records. This will include your driving record, allowing you to determine if anything is criminal or civil.
You can also ask the police officer who wrote you the ticket or request your driving record from the Department of Motor Vehicles (DMV) to learn more. For criminal cases, you may want to inquire with the courthouse where your case went to trial. The good news is that many of these state organizations have online databases you can leverage.
Are Traffic Violations Criminal Or Civil? Our Final Thoughts
Ultimately, when you get pulled over by a police officer, it’s not just an inconvenience, it can turn into a long-lasting problem. While minor infractions tend to come off your driving record eventually, serious crimes committed on the road tend to stick around.
So, are traffic violations criminal or civil? Well, according to legal definitions, traffic violations are criminal. However, you usually don’t have to worry about failing a background check because you received a speeding ticket a few years ago.
