What Is an Infraction?
An infraction is a minor violation of the law that typically results in a fine, but not a criminal charge. More here.
Written by Shannon Fitzgerald
Reviewed by Kathleen Flear
Generally, an infraction is a minor violation, like speeding, that’s typically paired with a minor penalty, like a fine. An infraction is less serious than a misdemeanor or a felony, and very rarely results in jail time.
Sometimes referred to as a petty offense, an infraction is issued when a driver commits a petty violation of traffic laws or administrative regulations. Though definitions and punishments vary from state to state, an infraction typically costs much less in fines and court expenses than a misdemeanor or felony—and it won’t appear on your criminal record.
But what exactly counts as an infraction, and what does receiving one mean for you and your driving record? To help answer these questions,
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What is an infraction?
When you receive a citation or traffic ticket for violating the rules of the road, the gravity of your offense is typically sorted into one of three categories: infraction, misdemeanor, or felony.
An infraction is the least serious offense you can commit. These are only minor traffic violations and usually result in the least serious penalty. This commonly means just a fine, although you can dispute most infractions in court.
In terms of traffic offenses, the infraction process begins with a police officer pulling you over for breaking a traffic law. They then issue a citation (also called a notice to appear or notice of violation).
The infraction citation will usually detail the following:
- Your citation or case number
- A description of the offense and its corresponding law
- The issuing officer’s name and agency,
- The location of the courthouse should you decide to fight your charge
- Deadlines for either paying the fine or appearing in court
An infraction is NOT considered a criminal offense and will therefore not appear on your criminal record. It may, however, put points on your driving record if your state follows a license point system.
While you’ll receive fewer points on your record for an infraction than you will for a misdemeanor or felony, any number of driver violation points affects your insurance rates. If your record already has points on it, receiving an infraction could also push you over the threshold for license suspension.
Infraction vs. misdemeanor vs. felony
An infraction differs from a misdemeanor or a felony in the severity of the violation and the minimum penalty associated with the charge. Here’s a closer look at all three.
Infraction
Most infractions result in a small fine (generally in the hundreds) with the opportunity to appear in court to dispute the charge. Because the charge is not criminal, however, you will not be entitled to a jury trial or court-appointed counsel.
Common infractions include noise violations, littering, and minor speeding tickets—none of which pose a significant threat to other individuals, but which do still break a law or municipal code nonetheless.
Misdemeanor
A misdemeanor charge is usually a criminal offense. Common examples include trespassing, disorderly conduct, or simple assault. Depending on your state, major traffic violations like a DUI or reckless driving can be classified as either a misdemeanor or a felony.
Unlike infractions, misdemeanors can often result in a short-term jail sentence (usually less than a year), along with heavier fines and a criminal record. In some cases, you may be able to serve community service in lieu of jail time. Misdemeanors are usually categorized into classes, with a Class A misdemeanor holding more serious consequences than a Class C.
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Felony
If you commit an especially serious offense, you will be charged with a felony. Felony charges result from aggravated violations of the law ranging from murder and auto theft to vehicular homicide and repeat DUIs.
Felonies almost always result in a prison sentence lasting more than a year, fines in the thousands, and a more limiting criminal record for future employment. Traffic felonies also usually result in license revocation and vehicle impoundment. Like misdemeanors, most states categorize felonies into tiers or classes—Tier 1 or Class A felonies indicate worse crimes and punishments than Tier 4 or Class D felonies.
Unlike infractions, it’s in your best interest to hire a criminal defense attorney to help you navigate criminal law for either a misdemeanor or felony charge. If you’re lucky, your attorney could get your charge downgraded, which would lessen the long-term consequences.
Key Takeaway Infractions are the least serious charges, misdemeanors are more serious, and felonies are the most serious.
What traffic violations result in infractions?
Classifying which traffic offenses are considered infractions—rather than misdemeanors and felonies—depends heavily on your state and jurisdiction. That said, there are common traffic violations across the country that are almost always charged as infractions.
Here are a few of them:
- Tailgating
- Jaywalking
- Speeding under 15 mph
- Not wearing a seat belt
- Failing to signal while turning
- Failing to yield
- Driving with broken headlights or taillights
- Parking in a no-parking zone
MORE: Can you get a ticket for driving too slowly?
How to find cheap car insurance (even with infractions on your record)
While infractions don’t result in the same heavy consequences as misdemeanors and felonies, they can still put points on your driving record, which increases your
car insurance
rates. But not to fret—with Jerry
’s help, finding the lowest rates available can still be as easy as sending a text. All you have to do is download the Jerry app for free, input some basic info, and in less than a minute, Jerry will track down your most affordable options from over 55 top insurers. Once you see a policy that suits your coverage and budget needs, just select it through the app, and Jerry’s expert brokers will help handle all the calls and paperwork.
Mistakes happen—we don’t judge! So while you learn from them, we’ll ensure your little infraction doesn’t big-time bury you in car insurance costs.
“Jerrywas spot on. I’m young with one rear end on my record. Still, they dropped my monthly insurance rate from $468 to $250. This really saved me money.” —Jason M.
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FAQs
What is the punishment for an infraction?
As less serious violations of the law, infractions usually only result in a fine and do not appear on a criminal record. In most cases, you may also dispute your infraction charge in court.
Is an infraction serious?
Not usually. While any citation should be taken seriously, an infraction charge is the least serious charge you could receive—usually resulting in a fine at most.
Misdemeanors and felonies carry much more serious fines and ramifications, including possible jail time and a criminal record.
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