Your driving record is an official document that tracks your driving history. It contains a list of traffic violations, accidents, and other offenses you’ve committed while operating a truck or car. Understanding what offenses appear on your driving record is vital, as it can impact your insurance rates, employment opportunities, and even your ability to drive.
How You Can Benefit from Working with a Traffic Offense Attorney
Working with a traffic offense attorney can lead to more positive results. They will review the factors of your case so you can prevent a license suspension or an increase in your insurance rates. Research shows that working with a lawyer leads to a better outcome than negotiating independently.
Let’s look at the key areas:
- Negotiating with the prosecutor:
Defense attorneys can use their knowledge of the legal system and prior experience to negotiate a plea bargain on your behalf. Their experience can bring a reduction in the charges against you and minimize fines, jail time, or points added to your driving record. In some cases, they can negotiate a complete dismissal of the charges.
- Challenging the evidence:
By identifying inconsistencies, errors, or violations of your rights, an attorney can challenge the validity of the evidence, potentially leading to a dismissal or reduction of the charges. They can contest the evidence’s legitimacy by finding inconsistencies, mistakes, or rights violations. As a result, your charges may be dropped or reduced.
Identifying mitigating factors: A skilled attorney will review the facts surrounding your traffic offense. Doing so will help them pinpoint any extenuating factors that may reduce the seriousness of the infraction. These factors may involve a broad range of possibilities, such as- Emergencies: These events include situations where you were rushing someone to the hospital, responding to a distress call, or reacting to an unforeseen and urgent problem that necessitated immediate action.
- Mechanical Failures: If your vehicle experiences a sudden and unexpected mechanical failure, such as a tire blowout, brake failure, or steering malfunction, this event can be considered a mitigating factor.
- Unclear Road Signage: Inadequate, confusing, or misleading road signs or markings can contribute to a traffic violation.
- Inclement Weather Conditions: Severe weather, such as heavy rain, snow, fog, or ice, can significantly impair driving conditions and lead to traffic offenses.
By presenting compelling evidence and persuasive arguments related to these mitigating factors, your defense attorney can effectively advocate for reducing or dismissing charges to a more lenient sentence or alternative sentencing options, such as traffic school or community service.
- Representing you in court:
Having a trusted defense attorney by your side is essential if your case ends up in court. They can manage the complexities of court procedures, file the necessary motions, and present a compelling defense on your behalf. They can cross-examine witnesses, challenge the prosecution’s evidence, and argue for your rights, ensuring you receive a fair trial.
- Traffic school options:
If you are eligible, your traffic offense lawyer can help you enroll in an approved traffic school or defensive driving program and represent you in court to ensure that your course completion is recognized and mitigates the consequences of a traffic ticket or infraction. This may be available in some jurisdictions.
- Understanding complex traffic laws:
A traffic offense lawyer can help you by using their comprehensive understanding of traffic laws and regulations to explain how the rules apply to your specific case, analyze the impact on your situation, and create a strong defense strategy.
Types of Traffic Violations
Driving offenses can be broadly categorized into several types:
Moving Violations
Moving violations, as the name suggests, happen when a car or truck is in motion. Common examples include:
- Speeding: Exceeding the posted speed limit.
- Running a red light or stop sign: Failing to stop at a red light or stop sign.
- Reckless driving: Driving in a manner that disregards the safety of others.
- DUI/DWI: Driving under the influence of alcohol or drugs.
- Distracted driving: Driving while using a cell phone or engaging in other distracting activities.
Non-Moving Violations
Non-moving violations are offenses committed while the vehicle is stationary or not in motion. Examples include:
- Parking violations: Parking in a prohibited area, overstaying a parking meter, etc.
- Equipment violations: Having faulty brakes, a broken headlight, etc.
- Registration and insurance violations: Driving with an expired registration or without insurance.
Non-moving violations may or may not appear on your driving record, depending on where you live. That’s because you don’t accumulate points for a license suspension. Florida is one state where non-moving violations appear on the driving history, while Arizona, for instance, does not feature these violations.
Serious Offenses
These offenses are considered more severe due to their potential for causing harm. They include:
- Vehicular homicide: Causing a death while operating a motor vehicle.
- Hit and run: Leaving the scene of an accident without providing information.
- Driving with a suspended or revoked license: Operating a vehicle when your license has been suspended or revoked.
How Offenses Appear on Your Driving Record
The way offenses appear on your driving record can vary depending on the jurisdiction and the severity of the offense. Many states use a points system, assigning points to different offenses based on severity. Accumulating too many points can result in a license suspension or revocation.
How Long Offenses Stay on Your Driving Record
The length of time offenses stay on your driving record varies depending on the jurisdiction and the type of offense.
- Minor Offenses: Minor offenses, such as speeding or illegal parking, may linger on your record for several years
- Major Offenses: Major offenses, such as DUI or reckless driving, can stay on your record for much longer, sometimes for life.
- Accidents: Accidents typically remain on your record for several years.
Impact of Offenses on Your Driving Record
Having offenses on your driving record can have several consequences:
- Increased Insurance Rates: Insurance companies use your driving record to determine your insurance premium. Offenses on your record can result in higher rates.
- Employment: Some employers check driving records as part of the hiring process, especially for driving jobs. Offenses on your record can negatively impact your employment prospects.
- License Suspension or Revocation: Accumulating too many points or committing serious offenses can result in your license being suspended or revoked. This is especially true if you’re convicted of a drug offense.
- Legal Consequences: Some offenses, such as DUI or reckless driving, can result in fines, jail time, or other legal consequences.
How to Check Your Driving Record
You can usually obtain a copy of your driving record from your state’s Department of Motor Vehicles (DMV). You can do it online, by mail, or in person. There may be a fee associated with obtaining your record.
Important Note: Why You Need to Contact a Traffic Offense Lawyer
Laws and regulations regarding driving records vary by jurisdiction. Consult with a qualified traffic offense attorney in your area and your state’s DMV for specific information about your driving record and to support your case if you’ve committed an offense.