California Law - Misdemeanors
There are three types of traffic violations: Infractions, Misdemeanors, and Felonies.
Infractions are punishable by fines up to $200. Common infractions include speeding and running a red light or a stop sign. Felonies, like vehicular manslaughter, are punishable by confinement in state prison.
Misdemeanors can carry penalties as much as $2,000 or more and jail time. The maximum penalty for a misdemeanor in California is one year in county jail and/or a large fine. The most common traffic misdemeanors are:
- Driving under the influence of drugs or alcohol
- Driving without a valid license
- Failure to stop and submit to inspection of equipment or for an unsafe condition endangering a person.
- Fleeing from an officer
- Falsifying a disabled person placard or displaying a falsified placard with fraudulent intent
- Filing a false report of a vehicle theft with a law enforcement agency
If a driver pleads not guilty, normal trial rules are followed and the state must prove guilt beyond a reasonable doubt. The defendant may offer:
- Opposing evidence
- Present supporting witnesses
- Argue the law
- Cross-examine the law enforcement officer who issued the citation
If the verdict is not guilty, the court will refund the bail to the defendant. Drivers given guilty verdicts must pay the fine or serve the sentence. People who do not pay the fine and/or serve the sentence within the authorized time will have their driver's license suspended or will be charged with contempt of court and a warrant will be issued for their arrest.
