Infractions (Tickets)

racingThe first thing everyone should know about infractions is the fact that they are not criminal. Something is criminal when the potential penalty includes jail. Infractions, for the most part, only have a monetary penalty. There are a couple exceptions which require community service or the potential of license suspension.

While it is a good thing that infractions are not crimes, the drawback is that it is easier for the government to prove you “committed” the infraction. For a crime, the government must prove beyond a reasonable doubt you committed the crime. That is the highest burden of proof possible. With infractions, they only have to prove beyond a preponderance of the evidence. This means they essentially only have to prove 50.0001% that you committed the infraction. Additionally, the Courts have implemented special rules governing infractions called the Infraction Rules for Courts of Limited Jurisdiction (IRLJ). Many of these rules are also created to streamline the court process (and by doing so, make it easier for the Government to win.) For example, officers can simply write a report and submit it as evidence to be used against you. They do not need to appear if you choose to fight it. The only time they need to appear is if you specifically request and subpoena for the Officer to appear. If you do that, then the Court will require live testimony rather than a written report. However, by no means is this a suggestion that you should subpoena an officer in every case. When you should or shouldn’t subpoena an officer is very dependent on the facts of the case and the court it is in.

If you have questions about an infraction you received, do not hesitate to contact our office. We will be more than happy to discuss the matter with you.

Client Reviews
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I had Mr. Newcombe's firm handle my ticket and I greatly appreciate their assistance. It was handle easily and with good communication from the associates. If you need assistance with some legal matters then I would refer you to them.
★★★★★
From start to finish with the DUI process Jason Newcombe's office has been more than helpful, friendly, honest and respectful.From the beginning, Jason was on our side and fighting our battle with us. He flat out laid out our options honestly and gave us his opinion on which was the best way to go, but never made the decision for us. Jason is very professional yet personable. We are completely satisfied with our end result. Couldn't ask for a better lawyer to be on your side.
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I feel very fortunate that I chose Mr. Newcombe to represent me. He and his staff were amazing at keeping me informed and telling it to me straight. I don't plan on needing a lawyer again but if I do I'll be giving Newcombe a call.
★★★★★
Jason Newcombe is an excellent attorney. He is proffessional, well-spoken and intent on achieving the goals set out during his initial couseling. If you are looking for an attorney to best represent you throughout your court process, Mr. Newcombe is a gifted rhetoric who presents his cases flawlessly and dedicates the entirety of his free time into making sure his clients receive the best possible outcome.
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Mr. Newcombe is an amazing lawyer. My DUI case seemed hopeless. But, he was relentless and just kept fighting and fighting. Right when all hope had seemed lost, we brainstormed and came to a conclusion that helped my case tremendously! I couldn't be happier with choosing Jason as my attorney.