Assembly Bill 116 has been approved and will remove criminal charges for minor traffic violations. Keep reading to learn more.
AB 116
Assembly Bill 116 establishes civil penalties for traffic infractions like speeding instead of criminal charges. Previously, speeding, failure to signal when merging, and other traffic violations could be prosecuted in court and may be arrested. It is important to note that traffic misdemeanors and felonies like DUIs and reckless driving will still have criminal penalties.
Now, when an individual receives a civil infraction they have 90 days to respond and may choose to plead no contest and pay the civil penalty. If a driver chooses to contest a civil infraction, their case may be heard by a judge who will issue a final ruling.
Anyone who fails to respond to civil infractions by the 90-day deadline could face automatic guilty of a traffic infraction and will be required to pay fines. All civil penalties will be reported to the Department of Motor Vehicles.
Those charged with minor traffic violations before Jan 1, 2023, cannot be arrested for them and the case will be turned over to civil courts.
Reasoning
Many states have implemented this system and do not prosecute minor traffic violations. Evidence has shown that criminalizing minor traffic violations can create undue hardship for those living at or below the poverty level.
Additionally, prosecuting minor infractions adds to the court caseload and may bog down local courts that have limited resources. Now, those resources can go to more pressing criminal cases. The legislature also views the change as a way to use taxpayer money more resourcefully.
It is important to note that while minor traffic violations will no longer be criminal matters, not all driving violations are exempt from the criminal justice system. Driving under the influence, recklessly, or causing injury are still crimes will remain under the jurisdiction of the courts.
Takeaway
While AB 116 does stop minor traffic violations from going to criminal court, drivers could face civil penalties like fines. The law is clear that individuals must respond to their civil infraction within 90 days. This new system not only prevents overburdening in the courts but could also help low-income individuals avoid costly penalties.
If you have been accused of a crime contact The Draskovich Law Group today.