Traffic Violations

Traffic violations encompass a broad range of unlawful conduct committed by motorists, typically categorized as infractions, misdemeanors, or felony traffic offenses. Infractions are the least serious and generally involve minor regulatory breaches, such as speeding, running a red light, or improper lane use.

Misdemeanors involve more dangerous conduct, including reckless driving, driving with a suspended license, or excessive speeding. Felony traffic offenses represent the most severe violations, such as vehicular assault, repeat DUI offenses, or hit-and-run crashes causing injury.

Common traffic violations occur in everyday driving and include speeding, running red lights, distracted driving, unsafe lane changes, tailgating, and failing to yield the right of way. It also includes non-moving violations, such as parking illegally, having an expired registration, or operating a vehicle with defective equipment.

Types of Traffic Violations

Traffic violations are generally classified into three main categories.

Moving Violations

Moving violations occur when a driver operates a vehicle in motion in a way that breaks traffic laws, directly affecting road safety. Common examples include:

• Speeding: Driving at a speed exceeding the posted speed limit.

• Distracted Driving: Using a phone, texting, or other distractions while behind the wheel.

• Running Red Lights/Stop Signs: This is failure to obey traffic signs, which endangers pedestrians and other vehicles.

• Reckless Driving: Driving with willful disregard for safety

• Improper Lane Changes: Failure to signal, unsafe merging, and weaving.

• Failing to Yield: Not giving the right-of-way to pedestrians or other vehicles.

Non-Moving Violations

Non-moving violations relate to stationary vehicles or administrative requirements rather than driver behavior in motion. While they usually incur fines rather than points, failure to address them can lead to towing or increased penalties.

Common non-moving violations include

• Parking Violations: Parking in restricted areas or blocking driveways

• Expired Registration or Inspection: Not renewing vehicle registration or failing safety/emission inspections.

• Equipment Violations: Including broken taillights, faulty brakes, or other safety-defective equipment.

Serious and Criminal Traffic Offenses

These violations carry severe legal consequences and often involve criminal charges.

• DUI/DWI: Driving under the influence of alcohol or drugs.

• Hit-and-run: Leaving the scene of an accident. Hit-and-run

• Driving with a suspended or revoked license: Operating a vehicle without a valid license.

• Street racing: Participating in illegal speed contests.

• Vehicular assault or homicide: Causing serious injury or death due to negligent or reckless driving.

Penalties for Traffic Violations

Traffic violations carry a wide range of consequences, varying significantly by state, the severity of the offense, and the driver's prior history. Generally, the penalties for traffic violations fall into four major categories, as follows:

Fines and Surcharges

Fines are the most common penalty imposed for traffic violations, but their amounts differ across jurisdictions and offense categories. Minor speeding, failure to yield, or equipment-related violations typically result in relatively low base fines. In contrast, high-risk behavior, such as reckless driving or extreme speeding, can carry substantially higher fines.

Beyond the base amount, most states also impose court-ordered surcharges, which function as administrative fees or assessments added to the base fine. These surcharges support court operations, trauma-care funds, or state transportation safety programs. These mandatory add-ons typically increase the total cost paid.

Points on Driving Records

Most states use a point system to track unsafe driving behavior and deter repeated violations. Each moving violation adds a set number of points to the driver's record, with more serious offenses resulting in higher values.

When a driver accumulates too many points within a defined timeframe, consequences may include warning notices, mandatory driver improvement courses, insurance surcharges, or temporary suspension of driving privileges.

Although the specific thresholds vary, the overall objective is to identify unsafe driving patterns and intervene before more serious harm occurs.

Insurance Rate Increases

Traffic violations often result in higher auto insurance premiums. Insurers view moving violations, especially those involving speed, collisions, or reckless conduct, as indicators of increased risk.

Drivers with multiple infractions may be reclassified as high-risk, resulting in a substantial rate hike or placement in nonstandard insurance pools. Serious violations, such as DUI/DWI, typically result in the most significant premium increases and may require specialized SR-22 or FR-44 financial responsibility filings.

Criminal Penalties

Some traffic offenses constitute criminal conduct. Misdemeanor or felony violations, such as DUI, hit-and-run, or driving with a suspended license, can result in jail time, probation, substantial fines, and community service. Courts may also order corrective or rehabilitative measures, including DUI education programs, defensive driving courses, or installation of ignition interlock devices.

For repeat or aggravated offenses, sanctions may escalate to long-term license revocation and lasting criminal record consequences that can impact employment, housing, and licensing opportunities.

Traffic Court Process

The traffic court process governs how driving-related offenses are handled, offering a structured way for drivers to respond to citations, challenge charges, or negotiate reduced penalties.

How Traffic Tickets Are Issued

Traffic tickets may be issued during a police stop, where an officer observes a violation and records details such as the driver's information, the alleged offense, location, and the applicable statute.

Tickets may also be generated by automated cameras, including those used for red-light and speed enforcement. These citations are typically mailed to the vehicle's registered owner and include images of the violation, time stamps, and instructions for responding.

Options After Receiving a Ticket

Drivers generally have several options:

• Pay the fine, which is treated as an admission of guilt;

• Request mitigation, seeking a reduced penalty based on circumstances;

• Contest the ticket in traffic court or

• Hire an attorney to challenge the evidence or negotiate outcomes.

The deadline to respond varies by jurisdiction.

What Happens at a Traffic Court Hearing

A traffic hearing typically begins with an arraignment, where the driver pleads guilty or not guilty. Contested hearings involve evidence, such as officer testimony, calibration records, video footage, or radar readings. After evaluating the evidence, the judge issues a decision that may result in dismissal, reduced penalties, or conviction with associated fines and points.

Traffic Violation Records

Traffic violation records typically contain citations issued, court hearing results, fines or surcharges owed, and points added to a driver's record. They may also include license suspension or revocation orders, completion of court-ordered programs, and a history of payment.

Retention periods vary by state: minor infractions may remain on the record for 3-5 years, while serious offenses, such as DUI, can stay on the record for 10 years or be permanently retained, depending on the jurisdiction.

Public vs. Sealed Records

Most adult traffic records are publicly searchable through state DMV or court systems. However, certain categories are confidential, including juvenile traffic matters, sealed or expunged cases, and restricted records involving ongoing investigations or protected personal data. Access to these records is limited by statute and often requires a court order.

How to Search for Traffic Violation Records

Traffic records can be found through multiple official sources. State DMV systems typically provide driving histories, including information on points, suspensions, and compliance with required programs.

County court portals allow users to search case dockets, ticket statuses, and payment information. Third-party record services compile data from various jurisdictions, though accuracy varies.

In rare cases involving violations on federal property, records may appear on Public Access to Court Electronic Records (PACER).

Offline Access

Individuals may also access traffic violation records in person through the county clerk's offices or the state DMV offices. Requests generally require a valid photo ID and paying the fees for copying or obtaining certified copies. Additionally, requesters may also provide a case number or citation number for easy retrieval of the document. Certified copies are available for legal, employment, or insurance-related purposes.

State-by-State Variations

Traffic laws vary considerably across the United States, resulting in different penalties, point systems, and enforcement practices. Some states, such as California, use a one-to-two-point system, where accumulating multiple violations within a year can lead to a license suspension. Others, such as Virginia, assign three to six points and even allow motorists to earn "safe-driving points" for clean records. A few states, including Oregon and Minnesota, do not use points at all.

DUI thresholds and mandatory penalties also vary. While states generally follow the 0.08% BAC standard for adult drivers, states like Utah enforce a lower 0.05% limit. Penalties also vary widely: some states, like Arizona, impose mandatory jail time for first-time offenders, while others treat an initial DUI as a civil violation.

States also maintain distinct enforcement practices. California's "fix-it tickets" allow drivers to have certain equipment violations dismissed once the issue is repaired and proof of correction provided.

New York's Driver Responsibility Assessment imposes multi-year surcharges for accumulating six or more points. Other states enforce unique rules, such as enhanced work-zone penalties in Nevada or strict insurance-compliance laws in Texas.

Traffic Violation Penalties by State

State	Point System	Standard DUI Per Se BAC*	Example Mandatory Penalty Highlight	Notable Unique Rules / Notes	Typical Retention for Minor Moving Violations**
AL	Yes	0.08	License suspension and fines for first DUI	Habitual offender rules for repeat violations	~3-5 years
AK	Yes	0.08	Mandatory minimum jail for certain DUIs	Harsh penalties for refusal of BAC test	~3-5 years
AZ	Yes	0.08 (lower for "extreme" DUI)	Mandatory jail and ignition interlock	"Extreme" and "super extreme" DUI tiers	~5 years
AR	Yes	0.08	Fines and suspension for first DUI	Enhanced penalties in school / work zones	~3 years
CA	Yes	0.08	Mandatory DUI program and suspension	Widely used "fix-it tickets" for correctable defects	3 years for most points; DUI longer
CO	Yes	0.08	Points and possible suspension for excess points	"Driver improvement" actions at point thresholds	~2-5 years
CT	Yes	0.08	Administrative suspension plus court penalties	Zero-tolerance rules for under-21 DUI	~3 years
DE	Yes	0.08	Mandatory license revocation for high BAC	Aggressive habitual offender treatment	~3-5 years
FL	Yes	0.08	Minimum suspension for first DUI	Very strict penalties for leaving crash scene	~3-5 years
GA	Yes	0.08	Jail and suspension for DUI convictions	"Super speeder" surcharges for very high speeds	~2-5 years
HI	No formal point system	0.08	License actions based on violations, not points	Administrative revocation program for DUI	Violations tracked; often 3-5 years
ID	Yes	0.08	Suspension and mandatory evaluation for DUI	Habitual violator suspensions	~3 years
IL	Yes	0.08	Mandatory suspension with multiple violations	3 moving violations in 12 months trigger suspension	~4-5 years
IN	Yes	0.08	DUI brings suspension and potential jail	Habitual traffic violator designations	~2-5 years
IA	Yes	0.08	OWI penalties include fines and jail	3+ violations/accidents can trigger sanctions (Justia)	~5 years
KS	No point system	0.08	Suspension after multiple moving violations	License actions based on repeated violations	Violations monitored; typically several years
KY	Yes	0.08	Points plus possible hearing and suspension (Justia)	Driver improvement clinics instead of suspension in some cases	~2-5 years
LA	No point system	0.08	License actions for DUI, vehicular homicide	Relies on serious-offense suspensions instead of points	Several years; serious offenses longer
ME	Yes (demerit points)	0.08	Suspension after demerit threshold	Early warning letters at 50% of suspension level	~1-3 years
MD	Yes	0.08	Mandatory points and suspension for DUI	Graduated penalties based on BAC and priors	~2-3 years (serious longer)
MA	Yes (insurance "surchargeable" points)	0.08	Insurance surcharges plus criminal DUI penalties	Strong insurance-driven penalty structure	6 years for surchargeable events (insurer use)
MI	Yes	0.08	Driver responsibility fees (phasing out) and suspensions	Tiered point values for moving violations	~2-7 years depending on offense
MN	No point system	0.08	Habitual violator suspensions, DUI mandatory actions	4 violations in 1 year can trigger suspension	Violations tracked several years
MS	No point system	0.08	License suspensions for habitual reckless drivers	Focus on repeated serious violations	Several years
MO	Yes	0.08	Suspension after accumulating points; DUI sanctions	Points decrease over time with a clean record	~3 years
MT	Yes	0.08	Point-based suspensions plus DUI penalties	Driver rehabilitation point system	~3 years
NB	Yes	0.08	Point system plus DUI suspension	Defensive driving can reduce points in some cases	~2-5 years
NV	Yes (demerit points)	0.08	Mandatory suspension at certain point levels	Work-zone speeding heavily penalized	~1-3 years
NH	Yes (demerit points)	0.08	Suspension based on points and age	Lower point thresholds for younger drivers	~3 years
NJ	Yes	0.08	Points plus surcharges for certain violations	"Driver Improvement Program" and MVC surcharges	~3 years
NM	Yes	0.08	Points and suspensions for repeat violations	Points schedule published in regulations	~3 years
NY	Yes - 11 points in 18 months can suspend license	0.08	Driver Responsibility Assessment surcharges	Upcoming reforms tightening point thresholds (The Sun)	Violations generally affect record ~18-24 months (serious longer)
NC	Yes	0.08	Suspension based on points and serious offenses	Separate insurance points for premium surcharges	~3 years
ND	Yes	0.08	Suspension at 12+ points; 7 days per point over 11 (NDDOT)	3-point reduction via defensive driving course	~3 years
OH	Yes	0.08	Suspension at high point totals; OVI penalties	Six-point major violations (e.g., OVI)	~2-3 years
OK	Yes	0.08	Points and suspensions for repeat offenders	Point reductions are possible after safe-driving period	~3 years
OR	No point system	0.08	Suspensions via Driver Improvement Program	Actions based on the number of convictions / accidents	Violations tracked for several years
PA	Yes	0.08	Corrective action at 6+ points (Pennsylvania Government)	Graduated sanctions as points reappear	~1-3 years
RI	No point system	0.08	Suspensions tied to serious/repeat violations	Local municipal enforcement is important	Several years
SC	Yes	0.08	Point-based suspensions; DUI penalties	Points are reduced by half after 1 year	~2 years (practical effect)
SD	Yes	0.08	Suspension at certain point thresholds	Separate penalties for high-speed violations	~3 years
TN	Yes	0.08	Points and potential suspensions	Separate juvenile point and suspension rules	~2-3 years
TX	No current point system (Driver Responsibility Program repealed)	0.08	Fines, surcharges via other mechanisms, suspensions	The prior points program ended in 2019	Violations remain on record; several years
UT	Yes	0.05 - lowest legal limit in U.S. (highwaysafety.utah.gov)	Strong penalties for DUI, ignition interlock in many cases	Nationally notable 0.05 BAC standard	~3 years; DUI longer
VT	Yes	0.08	Points and suspensions at thresholds	Small state with a detailed point schedule	~2-3 years
VA	Yes (demerit points)	0.08	Demerit points plus potential suspensions	"Safe-driving points" for violation-free years	~2 years (points), serious longer
WA	No traditional point system	0.08	Suspensions for repeated violations or serious offenses	Driver re-exams and probationary licenses	Violations tracked for several years
WV	Yes	0.08	Suspension at a certain point totals	Harsh penalties for DUI with minors in the vehicle	~5 years
WI	Yes (for general traffic)	0.08	First OWI usually civil forfeiture, not a crime (Stangl Law Offices)	Unique: first OWI generally non-criminal, later ones criminal	Violations tracked for several years; OWI long-term
WY	No point system	0.08	Suspensions for serious or repeated violations	Rural state with a non-point sanction model	Several years

* Standard per se BAC for non-commercial adult drivers; many states have lower limits for CDL and under-21 drivers, and enhanced penalties at higher BACs.

** Retention ranges are generalized for minor moving violations; serious offenses (DUI, hit-and-run, vehicular homicide) often remain much longer or permanently.

Legal Disclaimer:

The information provided in this article is for general informational and educational purposes only and does not constitute legal advice. Traffic laws, penalties, and record-keeping rules vary by state and are subject to change. Readers should consult the relevant state statutes, official court or DMV resources, or a licensed attorney for guidance on specific legal questions or individual circumstances. No warranties are made regarding the accuracy, completeness, or current validity of the information presented.

How to Reduce or Remove Traffic Violations

Many states allow drivers to complete approved defensive driving or traffic safety courses to reduce points on their driving record or qualify for lower fines. Eligibility typically depends on the type and severity of the violation and prior course completions.

Certain minor traffic violations may be dismissed or expunged from a driving record, typically through petitioning the court, complying with required conditions, or successfully contesting the ticket. This can improve long-term driving history.

Drivers can mitigate insurance impacts by shopping for competitive rates, leveraging accident forgiveness programs, or maintaining a clean record after completing traffic courses. These strategies help manage premiums and reduce the financial consequences of past violations.

Frequently Asked Questions About Traffic Violations

The following answers provide guidance on common traffic violation concerns.