Are Traffic Tickets Civil or Criminal?

Civil Traffic Tickets

Most of the traffic offences in Texas like speeding, crossing red lights, or failure to yield are considered under the civil category. These are not criminal offenses but rather infringements.

Such civil offenses commonly incur monetary forfeits aimed at discouraging dangerous driving practices and funding for safety initiatives. They can also attract points on one’s driving record which can make one’s insurance rate to go higher.

Traffic courts adjudicate civil traffic violations providing an opportunity for defendants to oppose the ticket and present their defense. Depending on certain circumstances, one may be able to drop or reduce the penalties by completing a defensive driving course.

Examples of Civil Traffic Infractions in Texas

Although less common, certain traffic violations in Texas are classified as criminal traffic violations. These usually consist of actions that have the possibility of costing other people’s lives, or violation of their rights. Examples include:

• Distracted driving
  
• Exceeding speed limits
  
• Ignoring traffic signals or stop signs
  
• Failing to provide right-of-way
  
• Unsafe lane changes or turns
  
• Driving with malfunctioning vehicle equipment
  
• Using an expired or invalid license or registration
  
• Not utilizing seat belts or appropriate child restraints
  
• Texting or using a handheld device while driving
  
• Parking violations
  
• Not signaling when required
  
• Disregarding traffic signs or markings
  
• Tailgating

Although these are labelled as civil matters, they can cost you in monetary fines, traffic points and skyrocketing insurance rates. A traffic ticket attorney can be helpful if you are subject to a civil traffic violation. However, when facing a criminal traffic ticket or criminal traffic offense, a criminal defense attorney can help you in identifying the possible defenses and mitigation strategies for a criminal traffic tickets.

Criminal Aspects of Traffic Tickets

Traffic violations can escalate to misdemeanors, such as driving under the influence (DWI) or operating a vehicle on a suspended license.

Misdemeanor offenses carry harsher penalties than civil infractions, which can include jail time. In exceptional cases, such as with vehicular manslaughter or repeat DWI offenses, traffic violations can become felony offenses, attracting hefty fines, significant prison time, and possible loss of driving privileges.

Examples of Criminal Traffic Offenses

Most criminal traffic offenses involve reckless or negligent driving, which puts others' lives at risk. Some common examples include:

• DWI offenses
• Reckless driving
• Fleeing an accident scene (hit and run)
• Vehicular manslaughter
• Evading arrest
• Driving with a suspended or revoked license
• Felony DWI charges
• Aggravated assault with a vehicle
• Illegal street racing

Such offenses are taken seriously in Texas and can have profound and lasting impacts on one's life. Legal representation is vital in these instances to help navigate the legal system and to form a robust defense.

Influences on the Severity of Penalties

The gravity of penalties for traffic violations can be influenced by past traffic infractions or criminal traffic offenses. Factors that can amplify a civil infraction to a criminal level include excessive speed, reckless driving behavior, or driving without a valid license. Consequences are more severe when an offense leads to injury or death.

Managing Traffic Tickets in Texas

For those issued traffic tickets, contesting them in court is a viable path. This could involve offering evidence to counter the officer's version of events or leveraging legal assistance.


Some traffic offenses can be addressed by attending a state-sanctioned defensive driving course, which may negate or lessen fines. Facing more serious criminal traffic charges or intricate situations necessitates the guidance of a competent attorney. They can offer skilled advice, forge a strong defense, and strive for the best possible legal outcome.

Why Hiring a Criminal Defense Lawyer is Beneficial

Ultimately, a defense attorney's expertise can frequently result in a more favorable outcome, potentially saving you not just money and points on your driving record, but also shielding you from the long-term implications of a traffic infraction.

The Law Office of Rolando Cantu is dedicated to providing effective legal representation for clients facing traffic violations in Texas. Our experienced and knowledgeable attorneys have a deep understanding of the state's traffic laws and can assist you in navigating the complexities of the legal system. Contact us today for a free consultation to discuss your case and learn how we can help you protect your rights and future. Let us fight for you!