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Originally Posted by redy2fiyt
Shoonra,
I'm still awaiting your reply regarding infractions not being punishable by the State.
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Infractions can be penalized but on a very low level -- small fines (usually under $500) according to a published schedule or formula, and possible disruption of the driving privilege.
But the significant fact is that an
infraction is not a
crime, which means that a great many of the legal characteristics of criminal laws do not apply to traffic infractions. For example, the trial of a traffic infraction is not entitled (as a criminal trial would be entitled) to an indictment, or a jury or maybe a court-appointed defense lawyer. Most significantly, being charged with a traffic offense (such as speeding), not being itself a crime, does not serve as "jeopardy" to prevent an additional charge of a
crime (such as assault with a deadly weapon). It also appears that the Fifth Amendment requirement for an indictment or protection against testifying against oneself in a
criminal case does not apply to the prosecution of an infraction.