What is a Moving Violation?
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Traffic violations recommend the most commonly occurring offenses and depending on how severe the violation is, penalties can range from driver education and fixed fines to prison sentences. No matter the outcome, there can be some long-term results for drivers, which often include their insurance premiums and applications being impacted, and in some situations, their employment as well.
A moving traffic violation is a traffic law breach that a driver has committed when a vehicle is in motion, for example, they have run a red light or they have been speeding. The opposite of this would be a non-moving violation, with examples of this including document violations, equipment or mechanical violations, or violations relating to parking.
It is important to realize that the lawful definition of a moving violation is not always crystal clear. Each state has its own rules and definition. A lot of states classify speed camera ticks and red-light tickets as non-moving violations despite the fact that the vehicle is moving when the violations happen. Seatbelt violations, which of course, relate to equipment, yet happen when a car is moving, can also sometimes be known as non-moving violations. The confusion here highlights why it is vital to work with an experienced and reputable attorney who understands the rules in your area and can help you to make sense of any sort of ticket you have received.
A vital distinction is that you are not going to receive any points on your driver’s license if you have been involved in a non-moving violation. However, in most states, if you have been convicted of a moving violation, points are going to be added to your driver’s license.
The number of points you are going to receive will differ from state to state. However, generally speaking, the more severe the violation is, the greater the number of points you are going to get. However, if you end up getting too many points, you will risk more penalties in the future and you could even have your license suspended. An attorney will be able to help you in terms of negotiating so you can get your speeding ticket lessened to a non-moving violation should you already have some license points and you want to avoid any further penalties.
Moving violations can be split up into major and minor violations. Nevertheless, the classification is going to differ based on the perspective and the jurisdiction. In regards to perspective, a prospective employer or insurance company, for instance, could define these differently when compared with law enforcement agencies, which themselves differ in terms of how certain violations are classified and the penalties that apply.
For instance, while your Department of Motor Vehicles (DMV) may deem infractions like failure to produce documents when ordered to or failure to wear a seat belt as a violation, your vehicle insurance provider may not consider these to be chargeable. Insurance businesses may rate infractions that DMVs may not deem major violations as considerable risks that carry a higher premium.
In terms of moving violations, some of the most common include tailgating, i.e. following another vehicle too closely), failing to stop for a school bus, not staying in lane, failing to stop at a red light or a stop sign, and some less serious speeding offenses.
One area of the law that is evolving at the moment is mobile phone use. There are some states that have put moving violations in place with regard to handheld cell phones, and text is prohibited in most states as well. There can be some other laws and legislations that prohibit distracted driving and are also applicable to using mobile phones.
For example, in California, there are fixed fines that have been imposed with regard to cell phone use, which will get higher with every subsequent offense.
As driving rules and regulations are changing all of the time, it is really important to make sure you work with an experienced and reputable car ticket attorney who will be able to help you to understand the law and give you the best chance of getting any sort of violation overturned. After all, the last thing you want is to have points on your license or something put on your record that can have a negative impact in the future. Don’t waste time by trying to cope with it yourself and hire a professional instead.
TicketBust produces results in fighting all kinds of tickets. Unfortunately, this list does not include exhibition of speed citations. Your best bet in fighting one of these infractions, is to contact an attorney. An attorney can negotiate on your behalf to try and reduce fines, or even to reduce the charges to a lesser infraction which could possibly qualify for traffic school.
We do however, contest infractions revolving around speeding, red lights, red light cameras, cell phones, signs (primarily stop signs), carpool violations, U-turns, out of lane violations, and commercial violations. If you receive a citation and have questions, contact us today.