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.
Common examples of infractions
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.
And, of course, infractions don’t only occur on the road. Other common infractions include:
- Boating violations.
- Building permit violations.
- Drinking in public.
- Jaywalking.
- Walking an unleashed dog.
- Disorderly conduct.
What happens if you commit an infraction?
Generally, if you are suspected of committing an infraction, you’ll 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:
- A citation or case number.
- A description of the violation(s) and category of offense.
- The relevant state law or city code.
- The name of the issuing agency and officer.
- The location of the courthouse.
- Deadlines for payment of the fine or appearance in court.
- Instruction for payment of the fine.
Even if you’re required to appear in court, you won’t 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.
But, of course, you still have the right to due process under the law.
What happens if you’re found guilty of an infraction?
Being found guilty of an infraction often results in:
- Fines.
- Community service.
- Driver’s license suspension.
- Points on your driving record.
If the infraction is related to a traffic violation, the infraction will appear on your driving record.
What happens if you don’t respond to an infraction citation?
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’s license. The penalties vary depending on local laws, but responding to the citation is essential to avoid escalating consequences.
How to contest an infraction
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.
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.
In addition to legal counsel you are encouraged to bring:
- Eyewitness statements that can confirm your version of events.
- Diagrams illustrating where your car was in relation to the ticketing officer.
- Photographs of the scene.
These items can help you factually establish differences between your story and the officer’s, which may help you win your case.
Sarah Gray is an insurance writer with nearly a decade of experience in publishing and writing. Sarah specializes in writing articles that educate car owners and buyers on the full scope of car ownership—from shopping for and buying a new car to scrapping one that’s breathed its last and everything in between. Sarah has authored over 1,500 articles for Jerry on topics ranging from first-time buyer programs to how to get a salvage title for a totaled car. Prior to Jerry, Sarah was a full-time professor of English literature and composition with multiple academic writing publications.
Phil Metzger is a personal finance editor and writer with more than 30 years of experience editing and writing content across a variety of industries. In writing and editing for Jerry, Phil’s mission is to help car owners better understand their vehicles and the costs associated with car ownership. Before joining Jerry, Phil worked as a writer and editor for newspapers, magazines, television radio and online news. His work has appeared in many major publications and websites over the years, including a series he edited that was a finalist for a Pulitzer Prize.
Editorial Note: This article was written by a paid member of Jerry’s editorial team. Statements in this article represent the author’s personal opinions and do not constitute advice or recommendations. You should consult with an insurance professional about your specific circumstances and needs before making any insurance decisions.
