Tuesday 12 November 2013

Misdemeanor, Does It Apply When Caught Speeding?

By Jack Morgan


Some people often consider a speeding ticket as a sudden hiccup during the day. Others share the opinion that you are not a proven driver if you don't have a couple of speeding tickets on your record. For this reason, many who get pulled over prefer to pay the ticket on the spot assuming that contesting it is a time drain and too much trouble. Hence the question: is a speeding ticket a misdemeanor?

A misdemeanor is defined in most legal systems as a non-indictable offence (or criminal act) that is regarded as less serious than a felony. In other words, misdemeanor is a minor wrongdoing that is punishable only by monetary fines. The fine must be paid within a specified period. If this time is not honored, the severity of the crime increases and may be indictable.

So what exactly is the difference between a misdemeanor and a violation? A misdemeanor is an offense that you can actually get sent to jail for. These can range from a variety of things, the most common types of traffic misdemeanors are driving under the influence, doing a hit and run, hitting a pedestrian, driving extremely recklessly, operating a vehicle without insurance, and many other things.

Now returning to the question is speeding ticket a misdemeanor, the answer to this question is no, speeding ticket is not a misdemeanor. In most cases, it is defined or classified as an infraction. Infraction in legal terms refers to non-criminal violation of an ordinance, rule or set regulation by a jurisdiction. It usually does not attach certain individual rights for example a jury trial.

It is not always that a speeding ticket is a misdemeanor. Following a court hearing, you can be found not guilty and the ticket get thrown out. An officer can inaccurately issue a speeding ticket. Contesting such a ticket by pleading not guilty on the spot and opt for court hearing is recommended. Books regarding traffic offenses are good sources of information of some reasons of inaccuracy.

Things like traffic violations can easily be resolved in court, there is no need to worry about any jail time. It is also very rare to see lawyers get involved in minor traffic violations because their prices would cost more than the ticket would.

When you get a traffic violation such as speeding you have the right to challenge it and bring it to court. If you are going to challenge the ticket, it is extremely important to be respectful to the officer that pulled you over because you will be seeing them again in court and you have a better chance of getting out of the ticket if you showed the officer respect.

If this has been your question, I believe you have the right answer now. If you have been issued with a speeding ticket only, then you are safe to say that you have not been involved in a misdemeanor in case you are asked an interview. However, it will be good to confirm with your state legal system.




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