Serious vs. Major Traffic Offenses: What's the Difference?
Feb. 25, 2025
When it comes to traffic violations in New York, understanding the distinctions between serious and major traffic offenses is crucial for any driver. Missteps on the road can lead to penalties, fines, and, in some cases, even jail time.
Recognizing the differences between these categories can help individuals make informed decisions about their legal options. For drivers in need of guidance, I’m Michael Kuzma Attorney at Law, and I’m a trusted traffic lawyer who can provide clarity and representation in these matters.
What Are Serious Traffic Offenses?
Serious traffic offenses in New York typically involve violations that threaten public safety but aren’t classified as felonies. These offenses carry significant penalties, such as fines, license suspensions, or higher insurance premiums, but they don’t generally lead to criminal records unless compounded by additional circumstances.
Common examples of serious traffic offenses include:
Driving 15-25 miles per hour over the speed limit
Failure to stop at a red light or stop sign
Improper lane changes
Following another vehicle too closely (tailgating)
Driving without a valid license
These violations may seem minor initially, but their consequences can quickly escalate. Accumulating multiple offenses within a short period can result in the suspension or revocation of your driver’s license. A skilled traffic lawyer like me can assess your situation and help you take steps to protect your driving privileges.
What Are Major Traffic Offenses?
Major traffic offenses involve violations that pose significant risks to public safety and often result in criminal charges. These offenses are treated more seriously by courts due to their potential to cause harm or demonstrate blatant disregard for the law.
A major traffic offense can lead to hefty fines, extended license suspensions, and even imprisonment.
Examples of major traffic offenses include:
Driving while intoxicated (DWI) or driving under the influence (DUI)
Reckless driving
Vehicular manslaughter
Leaving the scene of an accident involving injury or death
Driving with a suspended or revoked license
Major traffic offenses often have long-term consequences, including a permanent mark on your driving record and difficulty obtaining affordable car insurance. These cases demand a thorough defense, which is why consulting with an experienced traffic lawyer like myself is essential.
Key Differences Between Serious and Major Offenses
Understanding how serious and major traffic offenses differ requires a closer look at the penalties, legal processes, and potential outcomes involved.
Severity of penalties:
Serious traffic offenses usually result in fines, points on your driving record, and temporary license suspensions.
Major traffic offenses can lead to criminal charges, higher fines, extended suspensions, and even incarceration.
Impact on driving record:
Serious offenses add points to your record, which can lead to higher insurance rates or a suspended license if points accumulate.
Major offenses may result in criminal convictions that stay on your record for years, affecting future employment and driving privileges.
Legal classification:
Serious traffic offenses are generally considered infractions or misdemeanors.
Major traffic offenses are often classified as misdemeanors or felonies, depending on the circumstances.
Court proceedings:
Serious offenses typically involve traffic court, where fines and points are adjudicated.
Major offenses often require appearances in criminal court, where penalties are more severe, and the stakes are higher.
By understanding these differences, drivers can better appreciate the importance of seeking legal assistance from a traffic lawyer when facing any traffic violation.
Consequences of Accumulating Traffic Violations
Accumulating multiple traffic violations over time can have devastating effects on your driving record and financial stability. In New York, drivers who accrue 11 points or more within 24 months risk having their licenses suspended. Points are assigned based on the severity of the offense, such as:
Speeding: 3-11 points depending on how much the speed limit was exceeded
Reckless driving: 5 points
Tailgating: 4 points
Running a red light: 3 points
In addition to points, drivers may face higher auto insurance premiums, particularly for major offenses like DWI. Insurance providers view these violations as indicators of risk, which often results in increased rates or policy cancellations.
For drivers concerned about these outcomes, working with a traffic lawyer can be the first step toward minimizing the impact of these violations.
How Traffic Offenses Affect CDL Holders
For commercial drivers, the stakes are even higher. A single major offense or multiple serious offenses can jeopardize a commercial driver’s license (CDL). New York law imposes stricter regulations on CDL holders, who are held to higher standards of road safety due to the nature of their work.
Violations that could affect CDL status include:
Driving under the influence
Leaving the scene of an accident
Using a commercial vehicle to commit a felony
Excessive speeding
Losing a CDL can result in job loss and financial instability. CDL holders facing traffic violations should consult a traffic lawyer to explore their legal options and safeguard their livelihood.
DWI and DUI in New York
Driving while intoxicated (DWI) and driving under the influence (DUI) are among the most severe traffic offenses in New York. The state has strict laws and penalties for impaired driving, including a Blood Alcohol Concentration (BAC) limit of 0.08% for most drivers and 0.04% for commercial drivers.
Penalties for DWI and DUI include:
First offense: Fines ranging from $500 to $1,000, up to one year in jail, and a six-month license suspension
Second offense (within 10 years): Fines up to $5,000, up to four years in jail, and a minimum one-year license revocation
Third offense: Fines up to $10,000, up to seven years in jail, and a minimum one-year license revocation
Refusing to take a breathalyzer test can also result in penalties, including automatic license suspension and fines. A traffic lawyer can help drivers charged with DWI or DUI build a strong defense and potentially reduce the penalties they face.
Defending Against Traffic Violations
Challenging a traffic violation in New York requires a strategic approach. While some drivers may choose to pay the fine and accept the consequences, others recognize the long-term impact of traffic offenses and seek legal representation.
A traffic lawyer can examine the details of your case and identify potential defenses, such as:
Questioning the accuracy of radar or speed-measuring devices
Arguing that traffic signs or signals were obscured
Demonstrating that the alleged violation was a result of emergency circumstances
By contesting a ticket or charge, drivers may be able to avoid points on their record, reduce fines, or even have the case dismissed.
Protecting Your Driving Privileges
Every driver has a responsibility to follow traffic laws, but mistakes happen. When they do, it’s important to act quickly to address the issue and minimize its impact. A traffic lawyer can provide valuable assistance by:
Analyzing the details of your case
Representing you in traffic or criminal court
Negotiating with prosecutors to reduce charges or penalties
Advising on ways to prevent future violations
Whether you’re dealing with a speeding ticket, a reckless driving charge, or a more serious offense, legal representation can make a significant difference in the outcome of your case.
Final Thoughts
Drivers facing any traffic violation should consult Michael Kuzma Attorney at Law for guidance and representation. As an experienced traffic lawyer, I’m proud to serve motorists ticketed in Buffalo and other areas of New York State. Contact me today for more information.