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Traffic Law - HG.org





What is Traffic Violation Law?

Traffic violation law covers any number of unlawful activities involving a motor vehicle. These laws deal with moving violations like drunk driving and speeding, as well as violations based on the condition or status of a vehicle, such as expired registration. State and local governments have enacted comprehensive motor vehicle codes setting forth the traffic laws in that jurisdiction. In some states, the department of motor vehicles assesses ?points? against a driver based on the number of infractions in a given period of time. Too many points can result in an increase in insurance premiums, as well as suspension or revocation of driving privileges.

The agency in charge of enforcing a particular traffic rule will depend on the location of the traffic stop. Each local law enforcement agency has authority to issue citations in a certain geographical area, though these areas can overlap. For example, a person driving on a highway running through a city could be pulled over and issued a citation by an officer from the city police department, a deputy from the county sheriff?s office, or a trooper from the state highway patrol. Those who receive a traffic citation should inspect it carefully to ascertain the name and location of the court that will process the case, and whether a personal court appearance is required.

Common Moving Violations

Exceeding the speed limit is the most commonly issued traffic citation in the United States. While many drivers choose to simply pay the fine associated with the ticket, there are ways to avoid the points and other consequences. It may be possible to attend traffic school in exchange for having the ticket dismissed, reduced to fewer mph over the speed limit, or amended to a non-moving violation. Drivers who have been falsely accused of speeding can also insist on a trial. For commercial drivers or those who are at risk of losing their license as a consequence of too many points in a short time span, fighting the case at trial may be the best option.

Other common moving violations result from following too close (tailgating), neglecting to yield to emergency vehicles, driving too fast for road conditions, failing to maintain a single lane of travel (swerving), not wearing a seat belt, and not securing young passengers in a child safety seat. Driving with a suspended license is another common offense, as is driving without liability insurance. Talking on a cell phone is a relatively new, but common, traffic infraction. Similarly, failing to stop at a red light is cited with much greater frequency in recent years, due to the development of intersection surveillance cameras that automatically issue tickets to offenders.

Serious Traffic Offenses

Not all traffic violations are considered of equal importance in the eyes of the law. The seriousness of a violation generally reflects the potential harm that can result from the activity. For example, if a driver operates a vehicle with a broken license plate light, it is more difficult for a police officer to quickly identify the vehicle after dark. This creates an inconvenience for the officer, but it does not put other drivers or pedestrians at risk. Thus, driving with a broken license plate light is usually punished with a warning or a ticket that merely requires the equipment to be repaired.

But when a driver?s conduct rises to the level of placing the lives of others in jeopardy, the consequences escalate accordingly. Driving under the influence of alcohol or drugs is one example. Drivers convicted of even a single offense of DUI can face the real possibility of a jail sentence, as well as fines, substance abuse classes, community service, a suspension of driving privileges, and more. Reckless driving is another serious traffic offense. Law enforcement will charge reckless driving when someone drives far in excess of the speed limit (usually 20 mph or more over), or drives in a way that shows a clear disregard for the safety of others.

Defending a Traffic Violation Case

Accepting the unmitigated repercussions of a traffic offense is not always a viable option. This is especially true for people whose ability to make a living depends on a clean driving record. Fortunately, retaining a criminal attorney to defend a traffic ticket can lead to a significantly better outcome. An attorney will force the government to prove its case beyond a reasonable doubt, which is not always possible. Evidence and witnesses tend to disappear in the months that pass between the traffic stop and the time of trial. In fact, doing nothing more than hiring an attorney and insisting on a trial can lead a prosecutor to drop a case or offer a lenient plea bargain.

Hire a Lawyer Now

If you have been accused of violating a traffic law, you have nothing to lose by discussing the matter with a lawyer. Consultations in these types of cases are usually free. And by sharing the facts of your case with a professional, you can learn what it will take to defend your case successfully.

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The Law Enforcement Discipline deals with issues surrounding law enforcement and the promotion of traffic/highway safety. The Law Enforcement Discipline exists to promote highway safety and security within the motor vehicle administration community. Goals: * Combine the interests of law enforcement and motor vehicle administrators for the enhancement of highway safety and homeland security. * Strive for viable communication and coordination among all traffic safety organizations. * Encourage the continuing education of law enforcement and motor vehicle administrators. * Encourage technological advancement and the use of such devices and techniques for the improvement of law enforcement services. * Promote uniformity, consistency and simplicity in the enforcement and administration of motor vehicle laws and regulations.

Most traffic tickets are issued for traffic offenses called "infractions" -- including tickets for mechanical violations and most non-dangerous moving violations. Infractions do not usually carry the same stigma and penalties as serious criminal offenses. But certain traffic-related offenses are categorized as "misdemeanors" or even "felonies" and can result in more significant fines, loss of driving privileges or even imprisonment.

NHTSA was established by the Highway Safety Act of 1970 to carry out safety programs previously administered by the National Highway Safety Bureau. Specifically, the agency directs the highway safety and consumer programs established by the National Traffic and Motor Vehicle Safety Act of 1966, the Highway Safety Act of 1966, the 1972 Motor Vehicle Information and Cost Savings Act, and succeeding amendments to these laws.

Speeding?traveling too fast for conditions or in excess of the posted speed limits?is a factor in almost one-third of all fatal crashes and costs America approximately $27.7 billion dollars in economic costs each year. Speeding is a safety concern on all roads, regardless of their speed limits. Much of the public concern about speeding has been focused on high-speed Interstates. The Interstate System, however, actually has the best safety record of all roads and the lowest fatality rate of all road classes. Almost 50 percent of speeding-related fatalities occur on lower speed collector and local roads, which carry only 27.9 percent of the total vehicle miles traveled in the United States. Collector roads usually have legal speed limits of 55 mi/h or less. Speed limits on local roads are often 35 mi/h or lower.

State and local enforcement should focus on the types of drivers and situations where speeding has a significant impact on public safety. Speed enforcement must be complemented by focused public information and education campaigns. Research shows that compliance with, and support for, traffic laws can be increased through aggressive, targeted enforcement combined with vigorous public information and education program. This approach has been successful in addressing impaired driving, occupant protection, red-light running, and commercial motor vehicle safety issues. Public information and education also contribute to public support for speed management by increasing the awareness of the consequences of speeding.

Almost all states have laws defining a speed limit that is in effect when no limit is posted. This default speed limit is called the "statutory speed limit". Except as noted below it is the same as the maximum speed limit.

At The Unofficial DMV Guide, we encourage you to make safe driving a priority. For your convenience, we've provided easy-to-follow details on how to find local traffic schools and defensive driving courses that may help you lessen the impact of too many traffic tickets. And, if you've recently received a traffic ticket, The Unofficial DMV Guide can tell you how to interpret the citation, help you find out how the ticket will affect your driving record and auto insurance rates, or advise how to fight the ticket if you believe you're not guilty of the offense.

A traffic ticket is a summons and citation issued by police officers to motorists and other road users who fail to obey traffic laws. Traffic tickets generally come in two forms, citing a moving violation, such as exceeding the speed limit, or a non-moving violation, such as a parking ticket. Traffic tickets are generally heard in traffic court.

The mission of the Department is to: Serve the United States by ensuring a fast, safe, efficient, accessible and convenient transportation system that meets our vital national interests and enhances the quality of life of the American people, today and into the future.

Enforcement of traffic rules means making sure that they are being applied. Different aspects or stages are part of enforcement: checks to find and pursue violations of traffic rules and sanctions imposed on violators of the rules. Sanctions can be imposed in different ways, for instance directly on the spot (e.g. on-the-spot-fines), automatically as a follow-up of checking violations (e.g. by automated speed cameras), by separate administrative decisions or by court decisions.

Of all modes of transport, transport by road is the most dangerous and the most costly in terms of human lives. For this reason, the Road Safety Action Programme (2003-) proposes a series of measures such as stepping up checks on road traffic, deploying new road safety technologies, improving road infrastructure and measures to improve users' behaviour. The ultimate objective is to halve the number of people killed on the roads by .

At present, drivers committing an offence under the Highway Code in a Member State other than their own often avoid paying the penalty imposed on local drivers. The European Parliament approved legislation to ensure that drivers will be able to be identified and fined for offences they commit anywhere in the EU. Speeding, drink-driving, not wearing a seat belt and failing to stop at a red light should all be covered by the proposal.

The AAA Foundation for Traffic Safety is dedicated to saving lives and reducing injuries on the roads. It is a not-for-profit, publicly-supported charitable educational and research organization. Since 1947, the Foundation has funded over 200 projects designed to discover the causes of traffic crashes, prevent them, and minimize injuries when they do occur. We have used this research to develop dozens of focused, high-impact educational materials for drivers, pedestrians, bicyclists and other road users.

The National Committee on Uniform Traffic Control Devices (NCUTCD) or the "National Committee" is an organization whose purpose is to assist in the development of standards, guides and warrants for traffic control devices and practices used to regulate, warn and guide traffic on streets and highways. The NCUTCD recommends to the Federal Highway Administration (FHWA) and to other appropriate agencies proposed revisions and interpretations to the Manual on Uniform Traffic Control Devices (MUTCD) and other accepted national standards. NCUTCD develops public and professional awareness of the principles of safe traffic control devices and practices and provides a forum for qualified individuals with diverse backgrounds and viewpoints to exchange professional information.

The National Committee on Uniform Traffic Laws and Ordinances is a private, non-profit membership organization dedicated to providing uniformity of traffic laws and regulations through the timely dissemination of information and model legislation on traffic safety issues.




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