Criminal Traffic Offenses
Did you know that police pull over more than 50,000 drivers on a typical day? Traffic stops are common in the U.S. When you’re pulled over, the majority of times, it’s due to minor traffic violations. Minor violations can often lead to fines or points on your license.
However, there are instances when a traffic violation can result in a criminal charge. Besides drugs and alcohol, there are traffic violations in New York that can lead to some time behind bars. Below is a guide to walk you through all the types.
1. Reckless Driving
Reckless driving in New York is a serious traffic violation that can result in significant fines, license suspension, and even jail time.
This crime occurs when a driver operates a vehicle with a willful disregard for the safety of others. This could mean passengers, pedestrians, or other road users. Reckless driving comes in many forms, including aggressive driving, running red lights, tailgating, and other dangerous behaviors.
Reckless driving is a criminal offense. If you’re convicted of reckless driving, you may end up in jail apart from paying a fine and having points added to your driving record. You may be charged with reckless driving Under New York Vehicle and Traffic Law § 1212 if you:
Drive in a manner that unreasoningly restricts the free and proper use of the public highway
Drive in a manner that unreasoningly puts users of the public highway in danger
Fines for reckless or distracted driving can range from a few hundred dollars to several thousand dollars, with more severe violations resulting in steeper fines. A reckless driving conviction can lead to a sentence of up to 30 days in jail if it’s your first offense. For the second offense, you can spend up to 90 days in jail. If it’s your third offense, you can face up to 180 days in jail. Drivers who are convicted of reckless driving may also face license suspension or revocation and insurance premium increases.
2. Speeding
Speeding is one of the most common New York traffic violations, and it can also result in jail time. However well you think you can drive, you never know what other people on the road will be doing – this is where speeding becomes extremely dangerous.
However, it can be irritating if you’re caught going just a few mph over the limit. Unfortunately, you’ll still face a fine or charges.
If you are caught driving more than 30 mph over the speed limit, it can also be considered reckless driving and result in up to 30 days in jail, as well as fines and points on your driver’s license. Repeat offenses can result in even harsher penalties.
In some cases, drivers who are convicted of speeding may face imprisonment, especially if their actions caused harm to others. The length of the sentence varies depending on state laws, the severity of the offense, and the driver’s criminal history.
However, even a short jail term can significantly impact a person’s life, causing them to lose their job, reputation, and freedom.
3. Aggravated Unlicensed Operation
Driving with a revoked or suspended license in New York is considered an Aggravated Unlicensed Operation (AUO). This can be a jail time traffic violation, especially if it is a repeat offense. The three levels of AUO in New York and each can result in different jail time lengths.
Aggravated Unlicensed Operation in the Third Degree
This is the least serious level of AUO and a misdemeanor offense. It’s charged when you operate a car with a suspended or revoked license or with certain other license issues. As a driver, you can spend up to 30 days in jail for AUO in the third degree.
Aggravated Unlicensed Operation in the Second Degree
It’s a Class E felony and more serious. You can get this charge if you drive with a suspended or revoked license and have a prior conviction for AUO in the third degree within the preceding 18 months. This offense can lead to up to 180 days in jail.
Aggravated unlicensed Operation in the First Degree
This is the most serious level of AUO. You can get a charge if you drive with a suspended or revoked license, have two or more prior convictions for AUO in the third degree within the preceding 18 months, or have committed certain other offenses. It may lead to up to four years in jail.
4. Vehicular Assault/Homicide
When you hit a pedestrian or another driver, the incident may be more than a car accident, depending on the circumstances. If you injure other road users with your car while driving unlawfully, you’ve committed vehicular assault. The offense can turn into a homicide in case the victim dies.
There are 3 different vehicle assault misdemeanors in New York:
First degree vehicular assault NY Penal Law § 120.03
First degree is a Class D felony, the maximum possible sentence is 7 years in prison and fine of $5,000. You may also be ordered to pay restitution to anyone who was injured in the accident or suffered property loss. Furthermore, your driving privileges will be suspended or revoked.
Second degree vehicular assault NY Penal Law § 120.03class
Second degree is E felony. Vehicular Assault in the Second Degree involves the alleged operation of a motor vehicle, boat, snowmobile or an all-terrain vehicle (ATV) that results in a Serious Physical Injury.Vehicular Assault in the Second Degree in the First Degree is a class E felony, and a prison sentence is not mandatory. However, the maximum sentence for a first-time felony offender is 1 1/3 to 4 years.
Aggravated vehicular assault NY Penal Law § 120.04-a
Aggravated is class C felony. Aggravated Vehicular Assault involves the alleged operation of a motor vehicle, boat, snowmobile or an all-terrain vehicle (ATV) that results in a Serious Physical Injury with additional specific allegations.Aggravated Vehicular Assault, which is a class C felony, carries a maximum sentence of 5 to 15 years for a first felony offense. Prison is not mandatory for a conviction of Aggravated Vehicular Assault.
Vehicular assaults are New York traffic violations that can result in significant jail time. The length of the jail sentence will depend on the number of prior offenses.
If you have no prior convictions, you can get probation or only a few months in jail. For a violent or non-violent predicate offender, you can get at least 2-4 years for a first-degree vehicular assault conviction.
Additionally, persistent felony offenders can receive a minimum sentence of 15-25 years in prison. The maximum sentence is life imprisonment.
5. Leaving the Scene of an Accident
If you were involved in a road accident that resulted in property damage, physical injury, or injury to an animal, New York State law requires you to stay at the scene of the crime. You may need to exchange information such as:
Your name
Your address
Your license number
Proof of insurance, including the carrier’s name
Failure to do so is a violation of New York Vehicle and Traffic Law § 600(2). This can result in a criminal charge. If the accident caused severe injuries or death, leaving the scene of the accident can result in a felony hit-and-run charge.
A class B misdemeanor can lead to a fine of $250-$500 and up to 90 days in jail. This is when the traffic arrest is solely based on failing to show your license and insurance information. For a class A misdemeanor, you can receive a fine of $500-$1000 and up to 1 year in jail.
If the charge is your second offense, the crime becomes a class E felony. As a result, you can get a sentence of up to 4 years in prison. You may also pay a fine of $1000-$2500.
Additionally, you can get up to 7 years in prison and pay a fine of $2000-$5000 in case the injured person dies as a result of the accident. This charge is a class D felony.
6. Operating a Vehicle with a Suspended Registration
The Department of Motor Vehicles can suspend the registration of your vehicle if you don’t comply with Section 510(3) (d) of the New York State Vehicle and Traffic Law.
Driving a car with a suspended registration may result in imprisonment. For a first-time offense, you can face up to 30 days in jail and pay a fine of $500. If you commit a second offense within 18 months, it can lead to up to 90 days in jail.
Furthermore, you can get a traffic violation jail time of 180 days for a third offense. If you’re convicted under VTL 512, you may also get a permanent criminal record.
Driving while your license is suspended means that your driving privileges have been temporarily or permanently revoked for violating traffic laws, failing to pay fines or fees, or other reasons. Despite this, some drivers still choose to get behind the wheel, putting themselves and others at risk.
When a suspended driver seriously injures somebody, they are likely to face a jail sentence.
If you have been charged with driving while your license is suspended, it’s crucial to understand your legal options and consult a traffic violation lawyer who can help you navigate the legal system.
Get Legal Representation For Any Traffic Violation Today
Traffic violations in New York can range from minor infractions to serious offenses that can result in jail time. It’s important to follow traffic laws and drive responsibly to avoid any legal consequences.
At The Law Office of Gina M. Wicik, we’re experts at handling jail-time traffic violations. Our traffic violation lawyer will secure your best interests during the trial.
Don’t hesitate to contact us for a free consultation if you find yourself facing a traffic violation charge in New York.
