|
Level -> RE: omg!!! TRAFIIC CAMERAS SUCK!!! (7/8/2007 6:30:40 AM)
|
quote:
ORIGINAL: stef
quote:
ORIGINAL: uwinceismile
i guess after all these years. innoscent until proven guilty was just a joke.
There's a joke here, but that's not it. The presumption of innocence only applies in criminal proceedings. Traffic fines are a civil matter.
~stef
I've seen different jurisdictions use words differently, but one thing I do know is that a traffic ticket will indeed land you in jail if ignored, whereas a civil case won't.
quote:
Most traffic tickets are handled as criminal matters. The word “criminal” might sound harsh for something as innocuous as a parking ticket, but in effect the fine or sentence is an obligation that a person has towards the "state" for violation of the law, as “punishment” for the act that was committed. The "state" in these cases could be a local township, municipality, city, county, state, or the federal government.
A civil matter is different because the “state” is not a party to the action. A judgment in a civil matter doesn’t include the imposition of a criminal sentence – nor does it result in any jail time. Any judgment imposed is usually monetary in nature – in order to make the victim "whole" for the harm caused by the offender.
Since the judgment is civil, collecting any awards is not up to the state but up to the individual or individuals involved. (Think of the civil judgment levied against O. J. Simpson. He still hasn’t paid a dime.)
So, the major difference between a criminal matter and a civil matter is that the state can imprison a person who committed the violation. This "payment" of losing one’s freedom is ordered as punishment for an act that the offender has done. Of course, the state may also impose fines as well – which can then be pursued by government action.
http://www.srislawyer.com/PracticeAreas/TRAFFIC-TICKET.asp
|
|
|
|
