An infraction in California is the least serious category of criminal offenses, punishable only by fines without the possibility of jail time. Traffic tickets, minor code violations, and certain low-level offenses fall into this category.
Infractions are violations of law, but they are not considered crimes for most purposes and do not carry the same long-term stigma as misdemeanors or felonies.
Consult with a San Jose criminal defense lawyer to learn your options for resolving citations.
California’s Three-Tier Criminal Offense System
California law divides criminal offenses into three categories: infractions, misdemeanors, and felonies. This classification determines potential penalties, court procedures, and long-term consequences.
Infractions sit at the bottom of California’s criminal offense hierarchy:
- Infractions: Punishable only by fines
- Misdemeanors: Punishable by up to one year in county jail, fines, probation, or combinations
- Felonies: Punishable by state prison sentences from one year to life, substantial fines, and serious consequences
The critical distinction for infractions is the absence of incarceration. You cannot be sentenced to jail for an infraction, which is why many people handle them without attorneys. However, this doesn’t mean infractions are consequence-free or that you don’t need a lawyer.
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Common Types of Infractions in California
Most infractions in California involve traffic violations, but the category extends beyond just moving violations. California Vehicle Code contains hundreds of infraction-level offenses, while municipal codes create additional infractions specific to cities and counties.
Traffic infractions make up the majority of cases. Speeding tickets, running red lights or stop signs, illegal turns, failure to yield, improper lane changes, and driving without registration or proof of insurance all fall into this category. These citations typically result in fines between $35 and $500, though court fees and assessments can significantly increase the total.
Non-traffic infractions include municipal code violations and certain state laws. Common examples include littering, certain disturbing-the-peace violations that prosecutors reduce to infractions, building code violations, jaywalking, minor park violations, and some business licensing infractions.
First Offenses Are Sometimes Infractions
Some offenses that might seem more serious can be charged as infractions under specific circumstances, such as first-time possession of less than one ounce of marijuana by minors under 18, certain fish and game violations, and minor trespassing offenses.
Traffic Infractions and Their Impact on Driving Records
Traffic infractions may not result in criminal convictions, but they directly affect your driving record and can have significant financial consequences beyond the initial fine.
The California DMV maintains a point system that tracks traffic violations, and accumulating too many points leads to license suspension and dramatically increased insurance premiums.
California assigns point values based on severity. Most moving violations receive one point on your driving record. More serious violations like reckless driving, hit and run, and excessive speeding can result in two points. Points remain on your record for 36 months from the violation date.
The consequences of point accumulation escalate quickly:
- Four points in 12 months: License suspension or revocation
- Six points in 24 months: License suspension or revocation
- Eight points in 36 months: License suspension or revocation
- Two points in 12 months for drivers under 18: License suspension or restriction
Beyond license suspension risks, points cause insurance rate increases that can cost thousands of dollars over time. A single speeding ticket can increase insurance costs by 20-30% for three years, far exceeding the original fine amount.
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Options for Resolving Infractions in California
When you receive an infraction citation in California, you have several options for resolving it. The citation explains these choices, typically giving you a deadline to respond.
Pay the Fine
You can pay the fine listed on the citation, which is an admission of guilt. The violation goes on your record, points are assessed if it’s a traffic violation, and the case closes. This is the quickest resolution, but it may not be the wisest if the violation will significantly affect your insurance or driving privileges.
Request a Trial
You can contest the infraction by requesting a trial. For traffic infractions, you can choose a trial by written declaration where you submit written arguments and the officer submits a report. Alternatively, you can request an in-person court trial.
If you lose at trial, you may appeal to the superior court, where a judge reviews the record of your case for legal error.
Alternatives like Traffic School
Traffic school offers another option for eligible drivers. Completing traffic school allows you to avoid the point on your license, though you still pay the fine plus traffic school fees. You’re generally eligible once every 18 months if you have a valid license, the violation occurred while driving a non-commercial vehicle, and the violation doesn’t involve drugs or alcohol.
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When Legal Representation Makes Sense for Infractions
Most people handle infractions without attorneys since jail time isn’t at stake. However, certain situations warrant legal representation.
Professional drivers with commercial licenses should consider legal representation for any traffic infraction. CDL holders face stricter standards, and violations that seem minor can jeopardize commercial driving privileges.
Drivers close to license suspension due to point accumulation also need legal help. If you’re one or two points away from suspension, getting an attorney to fight a violation makes sense. The cost of losing your license—lost wages, transportation expenses, SR-22 insurance requirements—far exceeds attorney fees.
Situations where infractions might be charged as misdemeanors also warrant representation. An attorney can negotiate with prosecutors to keep charges at the infraction level, avoiding more serious consequences.
How Silver Law Firm Approaches Infraction Cases
If you’re facing an infraction in California and want to understand your options, contact Silver Law Firm for a free phone consultation.
We’ll evaluate whether the violation affects your driving record, insurance rates, or professional licenses, and discuss strategies for achieving the best outcome from your situation.
Call or text (510) 995-0000 or complete a Free Case Evaluation form
