Get Your FREE Copy of the Book by Stephen Hamilton Exposing the Truth
Secrets of the Texas Criminal Justice System and Your Rights
Lubbock traffic offenses are commonly misdemeanors and most of them are tickets. The lowest level traffic offense is a Class C misdemeanor where the only punishment possible is fine, but it can go up to offenses where someone can get up to six months in jail. If there is an accident and someone was injured involved and the driver left the scene of the accident, that can get up to be a felony where someone can serve prison time.
A traffic infraction is something that is under the Transportation Code, specifically, and that is where it is found to be listed as illegal. An experienced traffic lawyer can help you confront any penalties you may be facing for your offense.
A traffic misdemeanor would just be anything that is not considered a felony, basically, and a traffic misdemeanor is a misdemeanor that is found under the Transportation Code as being a traffic offense. There are different levels of speeding-related misdemeanors. Speeding is a ticket, but then the fines can go up depending on how high over the speed limit someone is going. Reckless driving can sometimes be speed-related, and if someone is driving super-fast or way over the speed limit, it can get all the way up to a reckless driving charge.
Traffic misdemeanor cases are most often heard in the municipal court in Lubbock so they are prosecuted by the city attorney rather than the county attorney’s office. Speeding tickets or traffic tickets can sometimes end up in the Justice of the Peace Court. Someone can file a written request for an appeal with the first court of record and when they do that, the case will move up to the county court.
What are Possible Penalties?
Usually just a fine, but if someone gets a conviction then they can also have points on their driving record. For certain traffic alcohol offenses, someone can also get surcharges on their driver’s license and that is an additional fine that they have to pay to keep their license valid. Someone can have a license suspension and if they get serious enough, charged. If it is a felony range, someone could be looking at prison time.
Likelihood of a Felony Traffic Offense
Felony Lubbock traffic offenses that are considered anything found under the Transportation Code in Texas typical examples are if a car has defective equipment, one of the brake lights is out, someone is speeding or someone made a right-hand turn but it was too wide. All traffic violations are misdemeanors; there are no felony traffic violations. There are violations under the Traffic Code that can get up to felonies. These would be things like if someone hit a car and had an accident or hit somebody’s mailbox in their front yard or their fire hydrant and then they drove off. Depending on how much damage was done, the charge could become a felony for failing to stop and render aid to somebody if they were hit or damaged.
Serious Repercussions for Traffic Felonies
Driving with an invalid license is a traffic offense that can have pretty serious consequences. If someone has a prior conviction on their record and then does it a second time, then they can actually go to jail for up to six months and get a $2,000 fine. Surcharges can be put on their driver’s license. Even if someone does not get convicted of a criminal offense, they would have to pay fines in order to keep their driver’s license valid. It is also possible to have a license suspension as a result.
There are several additional burdens that can go on a person’s driver’s license if they have been caught with an invalid license. It is possible to get a conviction for Lubbock traffic offenses that would go on a driving record. Most tickets and fines are up to $500 with additional court costs. If someone does not pay, a warrant could go out for their arrest and it is possible that somebody who has racked up a bunch of tickets could spend several nights in jail.
If it is just a traffic offense, they are usually not too uptight about the first time they catch somebody and it also depends on the time of year. They are usually more strict around the holidays when people have a tendency to be drinking more. They try to stop every vehicle that they have an excuse to stop to see if that person is actually driving drunk. Around the holidays, someone can get stopped for speeding one mile over the limit whereas the rest of the year, a cop usually would not bother stopping somebody for driving one mile over.
If it is somebody’s first offense for a traffic ticket, a lot of the times the police are willing to give warnings, but if somebody has a driving record that shows they have committed this offense before or have many traffic tickets on their driving record, they are going to be less lenient with that person and probably would not let them go with just a warning.