Can Traffic Violations Be Used Against Me in Criminal Court?

After being arrested and charged with a crime in Indiana, it is common to be filled with all sorts of questions. Oftentimes, defendants begin thinking about their legal history. Many criminal defendants question if previous traffic violations and driving-related offenses will affect the outcome of their current criminal case. Fortunately, there is a pretty clear cut answer to this common inquiry.

Continue reading to learn when past traffic violations might be used against a criminal defendant during their trial, plus how to avoid the maximum penalties for your criminal charges.

Criminal Attorney Indianapolis Indiana 317-636-7514
Criminal Attorney Indianapolis Indiana 317-636-7514

The Difference Between Civil Court and Criminal Court

When it comes to understanding how previous traffic offenses and violations might be used against a defendant in criminal court, it is important to understand the difference between civil and criminal laws and court systems.

Civil law is the area of the American legal system that manages disputes or wrong-doings between private parties. Accordingly, civil court, also known as small claims court, deals mostly with civil cases disputing small amounts of money. Cases typically adjudicate claims regarding property damage, family law, divorce, property disputes, breach of contracts, landlord cases, wrongful terminations, personal injuries, and similar legal matters.

There are two primary types of criminal courts in the United States, state court and federal court. State courts are established by the state and may include local courts as well. Local courts are usually established by individual cities, counties, townships, or other types of common municipalities. They adjudicate cases that involve crimes that break laws set and enforced by the state (also known as state laws). In contrast, federal courts are established under the United States Constitution, and adjudicate cases that involve crimes that break laws passed by Congress.

Will Your Traffic and Driving History Have an Impact?

When it comes to traffic violations and offenses, the majority of them will fall under civil law, and therefore be dealt with in civil court. In most cases, traffic violations are dealt with at the county clerk’s office, courthouse, or the local BMV. Most of the time, violators simply need to mail in paperwork or fines to remedy any offenses. If you are somebody who has traffic violations on the record, it is not likely that they will be used for making any legal determinations during your criminal trial or sentencing.

When a Civil Case Can Become a Criminal Case

there are some traffic violations and offenses that can lead to criminal charges. In most cases, this includes offenses like, inebriated driving, drunk driving, pedestrian hit and runs, cyclist hit and runs, and causing a car accident as a result of punitive reckless driving. Not only can an offender face civil fines and penalties, but they can also be arrested and criminally charged for a DUI, leaving the scene of an accident, and more.

Are you worried about your pending criminal charges in Indiana? Contact Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation with a seasoned Indianapolis IN criminal defense lawyer you can trust. We also represent defendants charged in Indiana but who live in another state.

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Can My Civil Case Lead to Criminal Charges?

Most people wouldn’t think that entering into a civil lawsuit or mediation would wind up with them facing charges in criminal court, however these scenarios do happen. Continue reading to learn when, and what you should do if your civil case leads to a criminal one.

Indiana Criminal Defense
Indiana Criminal Defense 317-636-7514

Civil Court

Small claims court, also known as civil court, deals mostly with civil cases disputing small amounts of money. Civil law is the area of the American legal system that manages disputes or wrong-doings between private parties. A common example of such cases involves property damage, family law and divorce cases, disagreements over property ownership, breach of contracts, landlord cases, wrongful terminations, personal injuries, and similar legal matters.

The dollar limit that defines a small claim is $6,000 or less. However, in Indianapolis, the cap is set at $8,000. Suing for more than these amounts in Indiana will require you to go through a different court system. In most cases, small claims court proceedings are speedy, uncomplicated, and inexpensive. They are also quite informal, so you do not need professional legal counsel, nor extensive knowledge of the law or statutes governing your case.

Criminal Court

There are two primary types of criminal courts in the United States, state courts and federal courts. Of course, within those include appellate courts, district courts, and so on. State courts are established by the state, and may include local courts as well. Local courts are usually established by individual cities, counties, townships, or other types of common municipalities. They adjudicate cases that involve crimes that break laws set and enforced by the state (also known as state laws). In contrast, federal courts are established under the United States Constitution, and adjudicate cases that involve crimes that break laws passed by Congress. See our article, “The Difference Between Federal Law and State Law” to learn more.

When Civil Turns Criminal and Vice Versa

in most scenarios, criminal cases can lead to civil cases. For instance, if Dave punches a guy in a bar, he can be arrested under assault charges, which is a criminal case. If the victim suffers extensive injuries, perhaps a fractured jaw, broken teeth, or permanent scarring, they can choose to file a claim against Dave in civil court to recover compensation for his damages and losses, such as medical expenses and lost wages.

In the opposite scenario, there are times when a civil case can lead to a person being indicted on criminal charges. For example, if Tina files a restraining order against her ex-boyfriend, Jed, but if he violates that order, the civil restraining order case remains, plus he can face criminal charges for violating a protective order.

Where to Get Trusted Criminal Defense in Indianapolis, Indiana

Call the Law Office of David E. Lewis at 317-636-7514 to learn how you can beat your Indiana criminal charges with aggressive defense. Attorney David E. Lewis is your solution to reducing your sentence, and protecting your freedom. Our Indianapolis criminal defense law firm offers free initial consultations, so you do not have to pay anything to simply talk to a lawyer and get advice on how to approach your charges. Call 317-636-7514 to schedule your online, over-the-phone, or in-office appointment, today.

Indianapolis Criminal Defense 317-636-7514
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