What Is an Infraction?

Written by Shannon Fitzgerald and 1 other
Nov 20, 2024

An infraction is a minor violation of the law that typically results in a fine, but not a criminal charge. More here.

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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, Jerry, the car insurance comparison tool and app you can trust, has put together this guide. From common examples of infractions to how they compare to more serious charges, here’s everything you should know.

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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).


Learn more: How do I lower my car insurance after a speeding ticket?


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.


Learn more: Can you lose your license for a speeding ticket?


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.


Learn more: What is a clean driving record?


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 TakeawayInfractions 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

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.

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FAQ

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MEET OUR EXPERTS
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Shannon Fitzgerald

Shannon Fitzgerald is an insurance writer with five years of experience in publishing and writing. Shannon uses her background in communication to translate complex car ownership topics into digestible content that car owners can use to save time and money. Shannon has written more than 600 articles for Jerry, including on state-specific insurance processes, factors that impact your insurance rate, and car maintenance basics. Before joining Jerry, Shannon was a freelancer writer covering topics such as VR Production and NPO theatre.

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Kathleen Flear

Kathleen Flear is an expert insurance writer and editor who previously lead up Jerry’s editorial team as director of content. Kathleen empowers drivers to make smart car ownership decisions through best-in-class articles on insurance, loans, and maintenance. Prior to joining Jerry in 2021, Kathleen served as managing editor for a team of SEO content marketing professionals at Article-Writing.co and worked as a freelance writer and editor for a range of digital publications, including Chicago Literati magazine and Golden Words. She earned a bachelor’s degree in English language and literature from Queen’s University, and a master’s degree in creative writing and fiction from Sierra Nevada University.

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.