How Do Felony and Misdemeanor Traffic Fines Differ?

When drivers commit a traffic offense in South Carolina, how much they are required to pay for the fine is largely dependent on whether the offense was a misdemeanor or a felony. Although some traffic offenses are merely considered “infractions,” drivers should be aware that if the offense is more serious, it may be classified as a felony or misdemeanor.

Traffic Misdemeanors

Generally speaking, traffic violations that are less serious are classified as misdemeanors. Typically, these types of offenses are punishable by the payment of a fine, and in some cases, the requirement to spend time in jail for a year or less. Drivers may commit a traffic misdemeanor if they:

• Operate a vehicle while under the influence of alcohol or drugs
• Are involved in a traffic accident, but do not remain at the scene
• Drive without a driver’s license or valid insurance
• Drive in a reckless manner

In some cases, drivers who are pulled over for committing a traffic misdemeanor are taken into custody and held in jail until they can post a bail bond.  In these cases, drivers may have to pay a fine and their insurance rates may go up as a result of the offense. Additionally, depending on the offense, drivers may have a certain number of points added to their license.

Traffic Felonies

Traffic felonies are considerably more serious than traffic misdemeanors, and are therefore associated with harsher penalties. For example, drivers who operate a vehicle under the influence of a controlled substance multiple times, those who commit a “hit and run” offense and drivers who are involved in accidents with vehicular homicide may be charged with a traffic felony. Often, drivers who commit a traffic felony have to pay a significant fine, spend time in jail and forgo certain driving privileges for a specific period of time.

Traffic Infractions

Drivers who disobey a traffic law will not always be charged with a traffic misdemeanor or felony. In most cases, drivers are charged with a traffic infraction, especially when the offense is considered to be minor. For instance, drivers may be charged with a traffic infraction if they drive without wearing their seat belt.  In these cases, drivers may have to pay a fine but no points will be added to their license, and it will not affect a driver’s insurance.

Drivers, regardless of whether they allegedly committed a traffic misdemeanor, felony or infraction, may be worried about how the consequences of the offense will affect them legally and financially.  Drivers facing the consequences from a South Carolina traffic ticket in any situation can request a phone consultation from Nosal & Jeter, LLP by calling 803-351-3597 to better understand the facts about their case.