A new December driving law now active in all 50 states changes penalties for certain traffic offenses. This article explains when jail time and $1,500 fines apply, how courts decide penalties, and practical steps drivers can take to avoid trouble.
What the New December Driving Law in All 50 States Covers
The new law focuses on aggravated driving violations that significantly raise crash risk or cause injury. Examples include repeat distracted driving, driving under the influence that falls short of felony thresholds, and refusing breath tests in some jurisdictions.
The law creates a consistent framework: misdemeanors for many offenses with set maximum fines and possible short jail terms. States keep local procedures, but penalties are now more aligned across state lines.
Common offenses targeted by the law
- Distracted driving while operating a vehicle in traffic
- Aggravated DUI or impaired driving without fatal injury
- Refusal of required tests or tampering with safety devices
- Repeat offenses within a designated lookback period
Who Faces Jail Time and $1,500 Fines
Jail time and fines up to $1,500 are generally reserved for aggravated or repeat offenders. First-time, low-severity citations are less likely to include jail, but could still carry a fine and administrative penalties like license points.
Factors that commonly trigger jail and higher fines include injury to another person, prior convictions, high blood alcohol concentration, and refusal to cooperate with law enforcement.
What increases the chance of jail time
- Prior convictions for similar offenses within the state lookback period
- Causing bodily injury or significant property damage
- Evidence of reckless behavior (speeding, racing, excessive risk)
- Noncompliance with court orders, like not showing up for a hearing
How Courts Determine Jail Versus Fines
Courts follow statutory ranges and look at aggravating and mitigating factors. The judge considers the defendant’s record, the harm caused, and whether the driver took immediate corrective steps.
Many states offer diversion programs for eligible drivers. Successful completion of a diversion or probation program can avoid jail and sometimes reduce or remove fines from public record.
Typical court process after a citation
- Arrest or citation issued at the scene
- Initial appearance or arraignment with bail or release conditions
- Plea, trial, or diversion negotiation
- Sentencing: fine, jail term, probation, or alternative programs
Steps to Avoid Jail Time and $1,500 Fines
Practical actions before and after a stop can reduce the chance of severe penalties. Being informed and prepared matters.
- Follow basic safety laws: no handheld phone use, obey speed limits, and use seat belts.
- If stopped, be polite, provide required documents, and avoid admitting guilt on scene.
- Attend all court dates and respond to citations promptly to avoid bench warrants or increased penalties.
- Ask about diversion programs, defensive driving courses, or community service options when eligible.
If you’re charged
Contact a traffic attorney or public defender quickly. Even when fines are set at a maximum of $1,500, negotiation, plea agreements, or diversion can reduce financial and criminal consequences.
Keep records of completed safety courses or device repairs; courts sometimes see timely corrective action as a mitigating factor.
Case Study: Small Town Driver Avoids Jail With Diversion
In a midwestern town in early December, a 34-year-old driver was cited after a minor collision while texting. The citation charged an aggravated distracted driving offense that carried a possible jail term and a $1,500 fine under the new law.
The driver hired an attorney, pleaded not guilty, and requested diversion. The court approved a six-month diversion plan: defensive driving class, 40 hours of community service, and no further violations. The fine was reduced and the criminal charge was dismissed after successful completion.
This example shows how swift legal help and participation in available programs can prevent jail and lower fines under the new framework.
Many states allow charge reductions if you complete court-approved safe driving programs. This can remove the criminal conviction from public record in some cases.
Practical Checklist After a Citation
- Read the citation carefully and note all deadlines.
- Call a local traffic attorney to understand state-specific consequences.
- Gather evidence: photos, witness contacts, and vehicle repair records.
- Ask the court clerk about diversion, payment plans, or community service alternatives.
Key Takeaways
- The new December driving law aligns penalties across all 50 states for certain aggravated driving offenses.
- Jail time usually applies for repeat or harmful conduct; fines can reach $1,500 in many cases.
- Early action—legal help, court attendance, and corrective programs—can reduce or eliminate jail and large fines.
If you face a citation under this new law, contact an attorney or your local court promptly. Rules and programs vary by state, and an informed response improves outcomes and reduces the risk of jail time and high fines.
