Penalties for Traffic Device Control Violations
Penalties for Traffic Device Control Violations
Most states maintain statutes directing motorists to obey traffic control devices, including green, yellow, and red signals or arrows, lane direction control signals, stop signs, and yield signs. In addition to directing drivers to obey the directions of traffic control devices, the governing statute will explain the appropriate driver responses to traffic control devices. For example, a statute may direct that a driver stop at a clearly marked stop line as the driver approaches a flashing red light used in a traffic control device or with a traffic sign. These statutes also direct driver responses in the event the traffic control signal is out of operation or functioning improperly.
In general, such driving offenses are classified as petty misdemeanors, "infractions," classified traffic violations, or other types of "summary" offenses. This type of offense is not considered a crime and its penalty is usually a fine. A driver found guilty of a summary offense, cannot be incarcerated, have a jury trial, or a court-appointed attorney. Nevertheless, for such an offense, a driver's failure to respond may result in a judge ordering a warrant to arrest the driver. In general, driver demerit points will be assessed for the infraction.
While the violation is a summary offense, if it is committed in a manner as to endanger or likely to endanger a person or property, the offense may be treated as a misdemeanor and joined with another traffic violation. If the offense is preceded by two or more convictions of summary offenses within a defined time period, the last offense will be treated as a more serious violation, usually a misdemeanor.
In addition, local authorities have the power to designate violation of traffic control devices within their jurisdictions as violations if no unreasonable or undue burden or discrimination is imposed and the local regulations do not conflict with state laws. If, however, the offense created by local ordinances is in conflict with state laws, the state law operates to nullify the local ordinance involved.
Copyright 2011 LexisNexis, a division of Reed Elsevier Inc.
