Generally, an infraction is a minor traffic violation, like tailgating, parking overtime or an administrative violation. Even in jurisdictions that treat infractions like criminal charges, they are among the most minor offenses in the criminal justice system, far less serious than misdemeanors or felonies, and rarely result in a prison sentence.<\/p>\n\n\n\n
Minor traffic violations, like blocking traffic and seatbelt violations, are the most common infractions in most states, though some states, like Texas, leave some wiggle room for an infraction to be charged as a criminal offense if the situation warrants it. <\/p>\n\n\n\n
And, of course, infractions don\u2019t only occur on the road. Other common infractions include:<\/p>\n\n\n\n
Generally, if you are suspected of committing an infraction, you\u2019ll receive a citation, also called a notice of violation or a notice to appear. These documents differ by state and jurisdiction but generally include some combination of the following:<\/p>\n\n\n\n
Even if you\u2019re required to appear in court, you won\u2019t be subject to or even have the option of a jury trial. Defendants in infraction cases have fewer protections than those facing misdemeanor or felony charges because the penalties are less severe. This is why you also have no right to free legal counsel, though you are welcome to obtain your own at your expense.<\/p>\n\n\n\n
But, of course, you still have the right to due process under the law.<\/p>\n\n\n\n
Being found guilty of an infraction often results in:<\/p>\n\n\n\n
If the infraction is related to a traffic violation, the infraction will appear on your driving record.<\/p>\n\n\n\n
Ignoring a citation for an infraction can lead to additional penalties. In many cases, a bench warrant may be issued for your arrest. Additionally, failure to pay fines for traffic-related infractions can result in a suspension of your driver\u2019s license. The penalties vary depending on local laws, but responding to the citation is essential to avoid escalating consequences.<\/p>\n\n\n\n
While many people simply pay the fine associated with an infraction, it is possible to contest it in court. If you believe the citation was issued in error or you have a valid defense, you can request a hearing before a judge. <\/p>\n\n\n\n
Remember, this will not be a jury trial. Instead, the civil case in which you state your appeal will involve you and your ticketing officer presenting your cases before a judge.You may, and are encouraged to, engage legal counsel to represent you.<\/p>\n\n\n\n
In addition to legal counsel you are encouraged to bring:<\/p>\n\n\n\n
These items can help you factually establish differences between your story and the officer\u2019s, which may help you win your case.<\/p>\n\n\n\n