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Understanding the Differences Between Moving and Non-Moving Violations

Posted by Terri B. Kalker | Jul 11, 2024 | 0 Comments

 What is a Moving Violation?

A moving violation refers to any breach of traffic law committed by a vehicle in motion. These infractions are often associated with unsafe driving behaviors that directly affect road safety. Common examples of moving violations include:

  • Speeding: Exceeding the posted speed limit, which can result in hefty fines and points on your license.
    - Running a Red Light or Stop Sign: Failing to stop at a traffic signal or stop sign, often leading to traffic citations and increased penalties for repeated offenses.
    - Reckless Driving: Operating a vehicle with a willful or wanton disregard for the safety of persons or property, a serious offense that can lead to severe penalties including imprisonment.
    - Driving Under the Influence (DUI): Operating a vehicle while impaired by alcohol or drugs, which can result in license suspension, heavy fines, and even jail time.
    - Improper Lane Changes: Changing lanes without signaling or when it is unsafe to do so, leading to traffic tickets and potential court appearances.
    - Following Too Closely (Tailgating): Not maintaining a safe distance from the vehicle in front, which can lead to citations and increased liability in accidents.

What is a Non-Moving Violation?

Non-moving violations typically relate to parking, vehicle condition, or administrative issues rather than the driver's behavior while the vehicle is in motion. Examples of non-moving violations include:

- Parking Violations: Parking in a restricted area, at an expired meter, or in a handicapped spot without a permit, resulting in fines and potential towing.
- Equipment Violations: Operating a vehicle with faulty or missing equipment, such as broken headlights or windshield wipers, often resulting in fix-it tickets requiring repair and proof of correction.
- Expired Registration: Driving with expired vehicle registration or tags, which can lead to fines and potential impoundment of the vehicle.
- Seatbelt Violations: Failing to wear a seatbelt, which can result in fines and varies in classification depending on the state.

 Legal Consequences of Moving Violations

Moving violations are generally treated more severely due to their direct impact on road safety. Legal consequences include:

- Fines: Monetary penalties that vary by violation and jurisdiction, often substantial for serious offenses.
- Points on Your License: Many states employ a points system where each moving violation adds points to your driving record. Accumulating too many points can lead to license suspension or revocation.
- Increased Insurance Rates: Insurers often raise premiums for drivers with moving violations, as they are considered higher risk.
- Traffic School: Some jurisdictions offer or mandate traffic school to reduce points or avoid a conviction on your record.
- Probation or Jail Time: Severe violations like reckless driving or DUI can result in probation periods or incarceration.

 Legal Consequences of Non-Moving Violations

While generally less severe, non-moving violations can still lead to legal penalties:

  • Fines: Typically lower than those for moving violations, but multiple infractions can accumulate significant costs.
    - Fix-it Tickets: Certain non-moving violations, such as equipment issues, may result in fix-it tickets requiring you to correct the issue and provide proof of compliance to avoid further penalties.
    - License Suspension: Persistent non-compliance with non-moving violations, like driving with expired registration, can eventually lead to license suspension.
    - Court Appearances: Repeated or serious non-moving violations may necessitate court appearances and legal representation.

Impact on Your Driving Record and Insurance

Moving violations have a more substantial impact on your driving record and insurance premiums than non-moving violations. Insurers view moving violations as indicators of risky driving behavior, leading to increased premiums. Non-moving violations, while recorded, generally have a less direct impact on insurance rates but can result in cumulative penalties if not addressed.

If you are facing a traffic ticket, whether for a moving or non-moving violation, seeking legal advice is crucial. An experienced traffic attorney can help you understand your options and potentially mitigate the consequences. For professional legal assistance with traffic violations, contact our office today at http://www.ticketdefendersny.com for expert guidance on staying within legal boundaries. 

About the Author

Terri B. Kalker

I have been successfully defending motorists accused of all types of moving violations. Regardless of the charge, we realize it is important to you and we treat it so. My staff are all professional and at your service as soon as you call. We maintain extended business hours for your convenience. ...

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