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Traffic Law Basics 2 min read

What are Traffic Infractions as Opposed to Misdemeanors?

By Seth M. Azria, Esq.
Traffic Infractions and Traffic Misdemeanors in New York

1. Traffic Infractions are Not Crimes

"Traffic Infraction" is officially defined by the New York Vehicle and Traffic Law Section 155 as non-criminal. If you are charged with a traffic infraction—as opposed to a misdemeanor or a felony—it means that you do not have to appear in court and you may answer the ticket by mail. Your answer may be "guilty" or "not guilty."

Legal Warning:
Even though an infraction is not a crime, we strongly advise against pleading guilty without first seeking a reduction. Pleading guilty can result in heavy fines, points on your license, and increased insurance premiums.

2. A Misdemeanor is a Crime

A misdemeanor, on the other hand, is classified as a crime and generally requires a physical appearance in court for an arraignment. Misdemeanors also carry increased fines, harsher penalties, and the potential for a permanent criminal record.

The most common misdemeanor traffic ticket in New York is Aggravated Unlicensed Operation (AUO). For our clients facing misdemeanor charges, we always try to appear in court on their behalf and otherwise make the legal process as easy as possible.

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