Most traffic violations in New York are charged as infractions which do not come with any jail time — the penalties that are typically imposed for these offenses are a fine and points on your license. However, certain violations committed behind the wheel are charged as misdemeanors or felonies. These offenses can carry severe consequences that go beyond monetary fines, insurance increases, and other financial ramifications. If you are facing criminal charges for a traffic offense, it’s essential to have a criminal defense attorney by your side who can safeguard your rights.

Misdemeanor Traffic Crimes

Getting a traffic ticket for an infraction is not the same as being charged with a criminal traffic violation — these offenses should not be taken lightly. Notably, misdemeanors are more serious than infractions, but less severe than felonies. Some common traffic offenses that can be charged as misdemeanors in New York include the following:

• Reckless driving — Reckless driving is defined under NY VTL § 1212 as using a motor vehicle in a manner that unreasonably interferes with the proper use of the roads and endangers others.
• Driving while intoxicated — A first DWI offense is charged as a misdemeanor in New York.
• Operating a vehicle with a suspended license — Also known as Aggravated Unlicensed Operation (AUO), third and second degree offenses are charged as misdemeanors, while a first degree offense can be charged as a felony.
• Leaving the scene of an accident without reporting — If the accident involved personal injury and you failed to report it, you can be charged with a misdemeanor.

Depending on the specific offense and the level of severity, you could face up to one year in jail and a maximum monetary penalty of $1,000 if you are convicted of a misdemeanor traffic crime. You would also incur points on your license, see an increase in your insurance premium, and have a permanent criminal record.

Felony Traffic Crimes

Felony traffic crimes are the most severe offenses. They usually involve repeat offenses or significant harm to another. The penalties for a felony traffic crime can be harsh and result in substantial monetary fines and lengthy jail sentences. Specifically, the following traffic offenses can be charged as felonies in New York:

• Vehicular manslaughter — Vehicular manslaughter is a Class D felony that occurs when someone kills another while operating a vehicle under the influence of drugs or alcohol.
• Vehicular assault — A charge of vehicular assault can be brought if you cause serious physical injury to another while operating a vehicle under the influence of drugs or alcohol.
• Aggravated vehicular homicide — Aggravated vehicular homicide is the most serious offense that can be committed involving a vehicle. It occurs when someone drives recklessly and kills another when an aggravating factor is present, such as a BAC of at least .18 or driving with a suspended license due to a DWI. This offense can be charged as a Class B felony with a jail sentence of 25 years upon conviction.
• Multiple DWIs — A second or subsequent DWI offense within 10 years can be charged as a felony.
• An aggravated DWI offense — An aggravated DWI is a more serious offense than a regular DWI and can be charged as a felony. Circumstances that can lead to an aggravated DWI can include a BAC of .18 or higher, driving while on probation, or driving with a child 15 or younger in the vehicle.
• Fleeing the scene of an accident that involves serious injury — Leaving the scene of an accident that resulted in a serious injury that presents a significant risk of death, disfigurement, or other serious injury is a Class E felony that comes with a jail sentence of up to four years.
• Fleeing the scene of an accident that involves fatality — Leaving the scene of an accident that causes death to another is a Class D felony, carrying a jail sentence of up to seven years.

The penalties for a felony traffic offense reflect the severity of the crime — and a conviction can be life-changing. In addition to facing incarceration, your driving privileges, housing eligibility, and employment opportunities can all be impacted if you are found guilty of a felony. It’s crucial to have a knowledgeable criminal defense attorney by your side who can build a strong defense, negotiate lesser charges with the prosecution, and fight to achieve a positive outcome in your case.

Contact an Experienced New York Criminal Defense Attorney

If you are facing criminal charges for a traffic offense, it’s vital to have the representation of a skillful defense attorney. The attorneys at D’Emilia Law offer reliable representation and trusted advocacy to those charged with a wide range of criminal traffic offenses, and work aggressively to secure the best possible results in every case. To schedule a consultation, contact us at 1-888-DEMILIA.