What Is an Infraction in California?
- Blair Goss
- 22 hours ago
- 7 min read
If you have ever received a speeding ticket or been cited for running a red light, you have already dealt with a minor violation known as an infraction. Under California law, infractions are the least serious category of legal violations. But that doesn't mean they aren't worth paying attention to.
Common examples of infractions include speeding tickets, red-light violations, parking violations, and local ordinance violations. A number of California drivers deal with these every single day without fully understanding what they mean or what their options are.
This article will walk you through everything you need to know. Let's take a look.
What Is an Infraction in California?
Under the law, particularly California Penal Code section 19.8, an infraction is the lowest level of offense a person can be cited for, and they’re not punishable by imprisonment. No jail time is the key difference between infractions and other criminal offenses like misdemeanors or felonies.
It’s worth noting that the Vehicle Code covers a large portion of common traffic infractions.
How Infractions Differ from Misdemeanors and Felonies
An infraction differs from more serious offenses like misdemeanors and felonies in several ways, including:
The most significant difference is that infractions come with less severe consequences, meaning no jail time, no criminal record, and no jury trial. Under California law, an infraction isn’t considered a criminal charge.
Misdemeanors carry more weight. A misdemeanor charge can result in up to one year in county jail, fines, probation, and a criminal record that follows you around for a long time.
A felony conviction can mean state prison time, hefty fines, and more serious consequences that affect employment, housing, and a number of other areas of life.
Common Types of Infractions in California
Traffic violations are just one type of infractions. The law recognizes many types of infractions in California, including:
Vehicle code infractions and moving violations, including violating traffic laws
Non-moving violations, such as parking citations
Non-traffic-related infractions, such as noise violations (covered under municipal codes and local ordinances)
Regulatory and administrative infractions, such as operating a business without the right permit
In some cases, repeated conduct or aggravating circumstances can turn what started as a simple infraction into something much more serious. Excessive speeding, for instance, can cross into reckless driving territory, which is a misdemeanor under California law.
What Happens After You Receive an Infraction Citation?
When an officer issues an infraction citation, they are essentially handing you a notice that describes the violation, the bail amount, and the due date by which you need to respond. In Sacramento County, the Sacramento Superior Court handles traffic tickets and other infraction citations.
While most infractions do not require a mandatory appearance in court, some violations require you to appear in court. Your citation will mention whether a court appearance is required.
After receiving a citation, you generally have a few options, and they include:
You can pay the fine, which is treated as an admission of the violation.
You can contest the citation and request a court date to fight it.
You can also request a hearing or, in many cases, opt for a Trial by Written Declaration, which allows you to contest the ticket without appearing in person.
Ignoring a citation is a very bad idea. Failing to respond by the due date can result in additional fines, a hold on your driver's license, and, in some cases, a failure-to-appear charge, which is a much more serious problem.
The California Infraction Court Process
While the infraction process in California courts is straightforward, it still helps to know what to expect. For most infraction cases, there are no formal charges, so the process moves more quickly than a typical criminal case.
In some situations, though, a court appearance may be required before your case can move forward.
One of the most useful options available to you is the Trial by Written Declaration. This process allows you to contest your citation in writing without having to appear in court in person. You submit your argument, the officer submits theirs, and a judge reviews both sides and makes a decision. If you lose, you can opt out and request an in-person trial, which gives you a second chance to fight the citation. For more information, a trusted criminal lawyer in Sacramento may be able to help.
Can You Attend Traffic School for an Infraction?
California allows eligible drivers to attend a DMV-approved traffic school program to mask a point from appearing on their driving record. This can be very useful for keeping your insurance premiums from going up after a minor traffic infraction.
A key thing to note is that even if you attend traffic school, you may still have to pay the fine.
To be eligible for traffic school, you generally need to hold a non-commercial driver's license, the offense must be a moving violation, and you cannot have attended traffic school for point masking within the past 18 months.
How Infractions Affect Your Driving Record and Insurance
Even a single infraction can have long-term consequences that go well beyond the fine itself. Understanding how California's DMV point system works is very important for any driver who wants to protect their driving privileges.
California assigns points to your driving record based on the type of violation. Most minor traffic infractions are worth one point. More serious violations, such as reckless driving or a DUI, can result in two points.
If you accumulate four points within 12 months, six points within 24 months, or eight points within 36 months, the DMV can classify you as a negligent operator. This means your license could be placed on probation or face license suspension.
On top of that, points on your driving record almost always lead to higher insurance premiums. Insurance companies regularly check driving records, and a number of them will increase your rates after even one or two points.
It is also worth knowing that certain violations can affect professional licensing in some fields. On the other hand, keeping a clean record gives you the best chance of avoiding all of these issues entirely.
Penalties for California Infractions
The fine listed on your citation is rarely what you actually end up paying. In California, base fines for infractions can start as low as $35, but once penalty assessments and court fees are added on top, the actual cost can be several times higher. A base fine of $100, for instance, can easily balloon to $500 or more after all the additional fees are applied.
Monetary fines are the primary penalty for infractions. In cases involving financial hardship, a judge may allow community service in place of a fine, though this is not guaranteed.
The severe consequences come in when people ignore their citations. Failing to pay your fine by the due date can result in additional late penalties and a hold on your driver's license. Failing to appear in court when required is a very serious problem, leading to more fines and, in some cases, a warrant. It’s best to address the infraction as soon as possible. Goss Law can also advise on questions such as is elder abuse a felony in california?
Fighting an Infraction - What Are Your Defense Options?
While some people believe that infractions are not worth fighting, contesting a citation may save you money, protect your driving record, and prevent points from affecting your insurance. Working with a criminal defense attorney or defense counsel gives you the best chance of a favorable outcome, particularly if the circumstances of your citation are complicated.
Here are some defenses a criminal defense law firm can use to fight your infraction charges:
Lack of Probable Cause
If the officer did not have a valid reason to stop you in the first place, the citation may not hold up.
Factual Dispute
In some cases, the facts described in the citation simply are not accurate, and evidence can show that.
Sign or Signal Visibility
If a traffic sign was obscured or a signal was malfunctioning, this can be a very effective defense.
Necessity
In rare situations, a driver may have committed a violation to avoid a more serious harm, which the court may take into consideration.
Mitigation
Even if the violation occurred, presenting mitigating circumstances to the judge can sometimes result in a reduced fine or a more favorable outcome. A plea bargain is not typically available for infractions the way it is for criminal charges, but mitigation arguments can still make a real difference.
Common Questions About California Infractions
Do You Need a Lawyer for an Infraction?
You are not entitled to court-appointed counsel or a court-appointed attorney for an infraction, but hiring one is still worth considering in some cases. If points, fines, or your criminal record are a concern, you should seek legal guidance. The can also help with questions like is spitting on someone assault in california?
Can an Infraction Become a Misdemeanor?
Most infractions stay at the infraction level, but repeated violations or aggravating circumstances can lead to a misdemeanor charge.
Can I Fight a Traffic Ticket without Going to Court?
California's Trial by Written Declaration process allows you to contest a citation in writing without any right to a jury, and without ever appearing in court in person.
What Happens if I Ignore an Infraction Ticket?
You can face additional fines, a license hold, a civil assessment, and, in some cases, a warrant.
Facing an Infraction in Sacramento? Contact Goss Law for a Free Consultation!
Even a minor infraction can lead to costly fines, DMV points, higher insurance premiums, and, in some cases, serious license-related consequences. These things add up, and it's important to understand your options before you decide how to handle a citation.
At Goss Law, our experienced criminal defense attorneys work with affected parties throughout Sacramento and the surrounding communities, whether it’s helping with a Trial by Written Declaration or addressing DMV point concerns and license suspension risks. Schedule a free consultation today!
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