Traffic Crime Attorneys in Frisco, TX
Can I Go to Jail for a Traffic-Related Crime in Texas?
When most people think of crimes related to operating a motor vehicle, they imagine things like speeding tickets or moving violations. In some circumstances, you may think of a DWI or other alcohol related offense. In many instances, these infractions only result in tickets or perhaps some community service. However, traffic crime is not restricted to “minor” offenses. There are certain offenses you can commit in your motor vehicle that are considered misdemeanors or felonies under Texas law. In some instances, drivers may not be aware that their behavior even counts as a crime. They may think they were just being “irresponsible drivers.”
The truth is that, unlike “light” offenses such as speeding, these crimes can result in exceptionally high fines and serious time behind bars. Being an “irresponsible driver” can be a crime that lands you in trouble with the law—or even jail time.
Traffic crimes are more common than many people think. For example, Texas currently ranks in the top states for hit-and-run crashes. That’s why if you or a loved one has been arrested for a traffic-related crime, you must contact one of our experienced traffic attorneys right away. A criminal defense attorney could be the only thing between you and prison time, and a record that will follow you for the rest of your life.
What Traffic Crimes Can I Be Arrested for in Frisco?
Traffic crimes are divided into two categories: misdemeanor offenses and felony traffic violations. Misdemeanors are considered “lesser” crimes that are more serious than something like a speeding ticket or moving violation, but not as severe as other potential crimes. Examples of common misdemeanor traffic crimes include DWI and driving with an open container of alcohol.
Felony traffic violations are more serious. These are offenses that can lead to lengthy prison sentences and high fines. Examples of felony traffic violations include, but are not necessarily limited to:
- Hit and Run Accidents Resulting in Injury or Death (“Leaving the Scene of an Accident”)
- Reckless Driving Resulting in Injury or Death
- Vehicle Homicide
- Vehicular Manslaughter
- Vehicular Assault
These are only a few potential examples of traffic crimes. In some instances, people may not even be aware they are committing a crime.
For example, suppose someone were driving and “clipped” another vehicle. The driver may decide to continue on their way, believing they only caused a minor inconvenience to the other driver. However, if the other driver crashed their car as a result and was injured, the driver of the first car could be arrested for hit-and-run/leaving the scene of an accident. Depending on the severity of the other driver’s injuries, the charges could be even more severe.
Does Someone Have to Be Hurt for Me to Be Arrested for a Traffic Crime?
Some people believe that, if no one is hurt in a vehicle-related incident, it’s not a crime or is only punishable by a ticket or citation. This is not true. Crimes involving vehicles, including those that only cause property damage but no personal injuries, may still lead to your arrest.
One potential scenario involves you hitting a parked vehicle but neglecting to leave any contact or insurance company information behind. Even if no one is around with whom you can exchange information, you must provide the owner of the vehicle a way to get in touch with you. Failure to do so is a crime. The same is true if you damage another person’s property.
These are only a few potential situations that constitute traffic crime in Texas. Scenarios like this are why you must remain at the scene of a collision and contact the police and emergency medical services. Then, contact one of our experienced criminal defense attorneys.
What are the Penalties for Traffic Crimes in Texas?
The penalties you might face for a felony traffic violation depend on the specific charges and circumstances of the case. In many instances, the severity of the charges will change depending on your behavior following the incident and whether anyone was injured.
For accidents involving an injury or death, you may face hit-and-run charges if you left and did not return. Hit-and-run cases are also called leaving the scene of an accident. If a person or persons were injured, a hit-and-run driver faces up to five years in prison and a $5,000 fine. However, if someone died as a result of their injuries, you could face up to ten years in prison and a $10,000 fine.
Even if no one was injured in an auto accident, if you left the scene, you may still face criminal charges. For example, if you hit a parked vehicle or damage other property and then leave the scene, you may be charged with either a Class C Misdemeanor or a Class B Misdemeanor, depending on the cost of the damage. Causing over $200 in damage in a non-injury hit-and-run can result in six months in jail and a $2,000 fine.
Reckless driving resulting in injury or death can also be charged as a felony. If someone were seriously hurt in a car accident, you may be charged with aggravated assault with a motor vehicle. This is generally tried as a second-degree felony, punishable by up to 20 years in prison and a $10,000 fine.
In addition to a criminal conviction, you could face other potential serious consequences. Although the Texas transportation code eliminated its point system in 2019, you may still have your driver’s license suspended or revoked. The incident will also remain a part of your driving record, which could impact the status of your license if you are involved in any future accidents. Convictions for traffic offenses may also impact your insurance rates.
What Should I Do if I’m Stopped for a Traffic-Related Crime?
One of the most important things to do if you may have been involved in a traffic-related crime is to stop and remain at the scene. Leaving the scene of a potential felony traffic violation is a crime unto itself and could result in more severe charges. Remain at the scene and contact law enforcement.
It is vital to get paramedics and police to the scene immediately. Notifying the police will not only absolve you of potential leaving the scene charges, but it also creates a police report, including photos and witness statements, which may prove beneficial to your defense attorney at a later date.
Should I Talk to the Police After a Traffic-Related Crime?
Even though you must contact the police in the event of an accident, you still have the right to remain silent regarding any questions they may ask you. You are still permitted to say you would like an attorney present before you speak with them. Many people are “shaken up” following an accident and are not “thinking straight.” The police will often rely on this shock to try to get potential suspects to make incriminating statements.
Anything you say in the presence of a police officer can be used against you. Even one wrong word or awkward turn of phrase used in a moment of high tension could result in serious charges against you. Something important to remember is that the police are allowed to lie to you. They can say things like “you’re not in any trouble” to get you to let your guard down. This can be a compelling tactic if you’re already “on edge” following an accident. This is why if you or a loved one has been or thinks they may be charged with a traffic crime, seek legal representation from one of our law firm’s dedicated defense attorneys.
What Should I Do if I’m Arrested for a Traffic Crime in Texas?
People get into accidents every day. Usually, these accidents do not result in criminal charges. However, sometimes, what may seem on the surface like a “simple” accident could result in criminal charges. That’s why if you or a loved one has been arrested for a traffic-related crime in Frisco or the surrounding area, you must contact the Law Offices of Biederman & Burleson, P.L.L.C. right away.
Hunter Biederman and Troy Burleson have a combined 40 years’ worth of courtroom experience. They’re the attorneys that other defense attorneys turn to when they have questions. Approaching each case with equal parts compassion and aggression, our attorneys protect their clients while attacking the case.
If you or a loved one has been arrested for a traffic crime, immediately contact the Law Offices of Biederman & Burleson, P.L.L.C., representing Frisco, McKinney, Plano, Allen, Fairview, Little Elm, The Colony, Lewisville, Denton, Collin County, Dallas County, Denton County, and the neighboring communities. We’re ready to represent you during a challenging period in your life and help keep your criminal and driving record clean – but you have to contact us first. Call us today at 469-517-3364 to schedule your free consultation and start down the road to a better tomorrow.
