What Is A Civil Infraction?

Everyone knows tickets are costly. Whether you’re speeding, illegally parked, or caught racing, traffic tickets can be expensive and go on to affect your insurance rates as points are placed on your record. What most people don’t realize, however, is that there are different types of infractions. Understanding these different infractions will help you know how your traffic ticket will affect your driving record, court processes, and the impact on your insurance rates. One infraction to be especially careful of is a civil infraction. What is a civil infraction? Here’s what you need to know. 

What Is A Civil Infraction?

Traffic tickets are often categorized in one of two ways, criminal and non-criminal. The severity of your infraction will determine how your ticket is categorized. Understanding these categories will help you down the road as you navigate the process of paying fees, going to court, and possibly removing points from your record.

Criminal Offenses

Criminal offenses further fall into two categories, depending on what you do. Misdemeanor and felony charges are both possible infractions. You may incur a misdemeanor traffic infraction from the following:

  • Reckless driving
  • Leaving the scene of an accident
  • Not yielding to an emergency vehicle
  • Driving with a suspended license
  • Open intoxicants in the vehicle
  • Driving while impaired

Whereas a felony traffic violation may result from:

  • Fleeing or eluding the police
  • Unlawfully driving a vehicle
  • Causing serious harm or bodily injury due to driving while impaired

Both of these infractions are common and go on your driving and criminal records. Most criminal infractions cannot be expunged and will remain on your record. 

Civil Infractions

Unlike criminal infractions, civil infractions are not criminal in nature and may be incurred by:

  • Speeding
  • Not fully stopping
  • Not yielding
  • Improper turning 
  • Careless driving
  • Etc

Most traffic citations are civil infractions. Civil infractions do not result in jail time and do not go on your criminal record. They will, however, still affect your driving record which will likely raise the cost of your driver’s insurance. While you may be thinking that only criminal infractions require legal representation, you may consider getting a traffic court attorney for civil infractions as well. Depending on your infraction, several points could be added to your driving record.

How Does A Civil Infraction Affect The Point System?

Understanding the point system is important. As you commit traffic violations, points will be added to your driving record, letting officers know if you are unfit to drive. Collecting too many points may cause extra consequences, making it extra important to keep them off your record where you can. Here’s how each infraction, both criminal and civil, can affect your driving record according to michigan.gov

6 points may be incurred for:

  • Manslaughter, negligent homicide, or other felony involving the use of a motor vehicle.
  • Operating under the influence of liquor or drugs.
  • Failing to stop and give identification at the scene of a crash.
  • Reckless driving.
  • The unlawful bodily alcohol content of 0.08 or more.
  • Refusal to take a chemical test.
  • Fleeing or eluding a police officer. 

4 points may be incurred for:

  • Drag racing.
  • Operating while visibly impaired.
  • Underage 21 with any bodily alcohol content.
  • 16 mph or more over the legal speed limit.
  • Failure to yield/show due caution for emergency vehicles.

3 points may be incurred for:

  • Careless driving.
  • Disobeying a traffic signal or stop sign or improper passing.
  • 11 through 15 mph over the legal speed limit.
  • Failure to stop at a railroad crossing.
  • Failure to stop for a school bus or for disobeying a school crossing guard.

2 points may be incurred for:

  • Open alcohol container in vehicle.
  • All other moving violations of traffic laws.
  • Refusal of Preliminary Breath Test (PBT) by a driver under age 21.

Perhaps you’re wondering what the big deal is about points. The initial cost of your traffic citation is only the beginning. Your ticket can end up costing you far more through court fees and insurance rates. For example, here are some common infractions and how much more you’ll pay in insurance rates each year.

  • Failure to wear a seat belt: $42/year 
  • Driving too slowly: $820/year 
  • Driving with an open container: $2,155/year
  • DUI: $4,757/year 
  • Hit and run: $4,917/year (That’s a 183% increase in car insurance rates for Michiganders)

Learning to avoid points on your record will help keep your costs low and your driving record clean.

What To Do If You Get A Civil Infraction Traffic Ticket

Clearly, the more points you can keep off your driving record, the better. Even civil infractions, although not criminal, can carry heavy penalties. While you could simply pay your court fees and move on, you have another option.

Although rare, there are times when an officer of the law gives out a citation unjustly. Through no fault of your own, you may receive a ticket that you don’t deserve. You don’t want to pay the penalties and accumulate points from that ticket.

For example, in Michigan, you can be fined or have your car taken away if you’re even suspected of being involved in drag racing. There have been reports where people drag racing were holding up traffic, and innocent people just trying to get to work were fined due to their “close proximity to the racing”. If this, or something similar happens to you, what do you do?

If you or someone you know has recently received a traffic citation in the state of Michigan, consider reaching out to a traffic attorney. Traffic court attornies can help provide the necessary legal representation that ensures you only pay the minimum penalties for any alleged infraction. 

Furthermore, traffic lawyers can help you navigate the complex world of traffic courts. They can help you identify which tickets can be fought and how you can keep points off of your driving record. If you need legal representation, reach out to a traffic court attorney today.

We Can Help!

At Traffic Buddy, we believe that every individual should have access to legal representation for any traffic-related charges. From tickets to forfeiture of vehicles, we make it our mission to help provide all the facts to help ensure you receive the minimum possible penalties for any alleged infraction. If you need traffic court representation, reach out today!