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Home > Traffic Violations FAQs

Traffic Violations FAQs

Frequently Asked Questions about Traffic Violations

Q: How does police radar work?

A: Radar works by sending out pulses or a continuous signal of radio waves and "listening" for the reflection. A changed frequency indicates motion. Most police forces use radar for measuring speed and enforcing speed limits. Some defendants have, however, been able to successfully challenge radar readings in court.

If you have questions about Misdemeanor and Felony traffic violations, contact a Indiana traffic violation defense lawyer now!

Q: How does laser detection work?

A: LIDAR (light detection and ranging) uses laser light to judge the change in distance from the unit to the targeted car, allowing for calculation of the car's speed. The usual target of the laser is the vehicle's license plate, which is easy to see and is a good reflector. LIDAR, unlike radar, is very hard to detect by "fuzz-buster"-type devices.

Q: What is a "moving violation"?

A: A moving violation is a traffic offense involving a moving vehicle. A non-moving violation deals with parking or vehicle maintenance.

Q: Do police officers have a quota of tickets to write by the end of the month?

A: While quotas are not a goal or standard police practice, police work, like all occupations, does include performance standards. If a police officer consistently returns at the end of his or her shift with no stops or arrests to report, that could-and should-arouse suspicion from the higher-ups. Nonetheless, the real crux of the matter is not whether an officer was trying to achieve some magical number of citations, but rather whether the particular citation issued was valid and justified. If not, it may be worth fighting it in court, whether it was the first ticket of the month or the one-thousandth.

Q: Can I refuse a Breathalyzer test if I get stopped for drunk driving?

A: Although the answer can vary by state, the refusal itself may be a crime, and the penalties for refusal may exceed those for the drunk driving violation.

Q: Should I try to "pay my way" out of a ticket?

A: Offering an officer money in exchange for not writing a traffic ticket can be viewed as bribery, extortion, or other serious crimes. If you want to contest the ticket, there are legitimate ways to do so that will not add to your problems, compound the penalties, and exacerbate the situation.

Q: What is the difference between a misdemeanor and a felony?

A: Although many traffic violations are deemed mere infractions, some are misdemeanors, which carry stiffer fines and the possibility of up to one year in jail. The most serious traffic crimes are felonies, which generally involve repeat offenses or violations that result in injury to persons or property. Felonies have even greater penalties, including higher fines and imprisonment for over a year.

Q: What if I lose my license but continue to drive anyhow?

A: If a person whose license has been revoked or suspended due to previous traffic violations chooses to drive without a valid license, he or she will probably suffer more serious consequences if pulled over. The more prudent course of action is to rely on friends and family for rides or use public transportation.

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