Montgomery County Traffic Offense Cases

Traffic offenses are divided into moving and non-moving violations. Typically, going to traffic court will occur for moving violations only.

There are a variety of traffic offenses in Montgomery County. Some are simple summaries where the maximum penalty is a fine. Others can be misdemeanors or up to felonies depending on what the offense was. There are misdemeanors in the third degree for certain driving crimes and felonies in the third degree for different driving crimes. It usually depends on the various aggravating factors such as someone being injured, someone being intoxicated, or someone driving while already under license suspension. All of those different factors can bump up what would normally be just a traffic ticket into the area where it becomes a misdemeanor or even a felony.

If you are facing traffic charges, you should reach out to an accomplished attorney with experience with Montgomery County traffic offense cases. Consult with a dedicated traffic lawyer today.

Infractions vs. Misdemeanors

A traffic infraction will usually result in a limited fine and points on the person’s driver’s license. If they fail to appear in court for this, the court will simply find them guilty in their absence or assume that they do not wish to fight the case and send them the bill in the mail. Most traffic offenses do not have any jail time associated with them but a special category such as driving on a suspended license due to a DUI, do carry mandatory jail sentences. These crimes are graded as summaries and will not always require a court appearance. However, misdemeanors are criminal offenses that require a person’s appearance regardless of how they plead. Someone will not be found guilty of a misdemeanor in their absence, they will be given a chance to appear, and they will be given a bench warrant if they fail to appear. Misdemeanors typically require a lawyer because the person is facing criminal charges with a minimum sentence of one year in jail.

Examples of Speeding-Related Infractions

Speeding as a general offense has different levels of penalties that can be assessed, usually with increasing point amounts and even an automatic license suspension. Speeding infractions in Montgomery County include:

• Speeding six to 10 miles per hour over the speed limit is two points on a license
• Speeding 11 to 15 miles per hour is three points on the license
• Speeding 16 to 25 miles per hour over the speed limit is four points on a license
• Speeding 26 to 30 miles per hour over the speed limit can be five points on a license
• Speeding 31 or more miles per hour over the speed limit will be five points on the license including other sanctions and a department hearing

People should know that if they are caught speeding in an active work zone, their license will be suspended for 15 days.

Traffic Infraction Penalties

Possible penalties that are listed in the traffic code include license suspension, fines ranging from $25 up to $1,000 depending on the traffic charge as well as points on a license. If someone is charged with a non-summary offense such as a misdemeanor, this could increase the penalty to jail time. Certain traffic summary offenses carry mandatory jail time such as driving under the influence once their license is already suspended. Anyone facing penalties should contact a seasoned lawyer about their Montgomery County traffic offense case.

Traffic Misdemeanors

Traffic misdemeanors are specific to the circumstances and there are several listed in the traffic code. Some examples include fleeing from the scene of an accident when someone is injured, driving under the influence, and also driving under a suspended license for a second time while intoxicated. Usually, certain aggravating factors will make something a misdemeanor instead of simply a summary case that is handled in traffic magisterial court. There are certain aggravating factors such as those and others listed in the traffic code which will make a charge a misdemeanor instead of a summary citation.

If you have any questions about Montgomery County traffic offense cases, call a skilled legal professional today.