Is a Traffic Ticket a Misdemeanor? Infractions vs Crimes

Is a traffic ticket a misdemeanor? Usually not. In most states, ordinary tickets like speeding, running a stop sign or an expired registration are infractions: civil or noncriminal violations punished with a fine and points, not jail. Some driving offenses are crimes, though, such as DUI, reckless driving and driving on a suspended license, and a few states treat even routine violations as misdemeanors.

Offense	Usually charged as	Can mean jail?
Ordinary speeding	Infraction in most states	Usually no
Running a red light or stop sign	Infraction	Usually no
No proof of insurance	Infraction or misdemeanor, by state	Sometimes
Very high speed, such as far over the limit	Infraction, or reckless driving in some states	Sometimes
Reckless driving	Misdemeanor in most states	Yes
Driving with a suspended or revoked license	Often a misdemeanor	Yes
DUI or DWI, first offense	Misdemeanor in most states	Yes
Leaving the scene of a crash with injuries	Often a felony	Yes

This table shows the usual pattern, not your state's law. Your ticket or summons will say what you're charged with and the statute number. Look that up, or call the court clerk.

How the levels are graded

States set their own categories, but the federal scale in 18 U.S.C. § 3559 shows the usual logic: the maximum possible jail time decides the class.

Maximum term allowed	Federal class
5 days or less, or no jail	Infraction
More than 5 days, up to 30 days	Class C misdemeanor
More than 30 days, up to 6 months	Class B misdemeanor
More than 6 months, up to 1 year	Class A misdemeanor
More than 1 year	Felony (Classes E through A)

So "misdemeanor" means a crime with up to a year in jail, even if most people charged with one never serve any. Virginia, for example, makes reckless driving a Class 1 misdemeanor (Code of Virginia § 46.2-868). We checked both sections on November 7, 2026.

Why the difference matters

• Record. An infraction goes on your driving record. A misdemeanor conviction also goes on your criminal record, which shows up in many background checks.
• Court. For an infraction you can often just pay online. A misdemeanor usually means appearing in court, and you have a right to a lawyer, appointed if you can't afford one and jail is possible.
• Consequences. A misdemeanor can affect jobs, professional licenses and, for non-citizens, immigration status.

Before you pay

In most courts, paying a ticket counts as pleading guilty or no contest, and the conviction goes on your driving record. If the ticket could lead to a license suspension, higher insurance or a commercial license problem, find out the points and options first, such as traffic school. See citation vs ticket for what goes on which record.

Questions to check on your ticket

1. What statute or code section is listed, and what does it call the offense?
2. Does the ticket require a court appearance, or can it be paid?
3. How many points does your state assign for it?
4. Is traffic school or deferral available?
5. Does it affect a commercial driver's license?