What makes a moving violation

Misdemeanors are often tried in criminal court rather than traffic court. Felonies, on the other hand, are the worst of the worst. These violations can send you to jail for years at a time, cost thousands of dollars in fines, and have plenty of other penalties. With a felony conviction, you will have a criminal record. Depending on the severity of the violation, that record could come with other forms of non-monetary penalties, such as registration on certain databases.

Each state has its own list of moving violations. These codes list over 1, ways to get a traffic ticket. In states like California, the number of potential violations is even higher. These sixteen violations are only a small handful of moving violations, despite accounting for well over one million traffic tickets in New York every year. There are hundreds of other moving violations on the books in New York as well as in other states.

The line between moving and non-moving violations can get a little blurry, especially when talking about equipment violations. Moving and non-moving violations are quite different from one another. Despite the name, however, they are not technically opposites. In fact, some non-moving violations can occur while the vehicle is in motion. Seatbelt violations are a great example of that.

Not wearing a seatbelt as an adult is a non-moving violation. Many states will treat it similarly to an equipment violation. However, if you have minors not wearing seatbelts in the vehicle, authorities may treat that as a moving violation. A general rule of thumb is that moving violations are violations that occur when the vehicle is in motion. This is not a hard and fast rule, but it is helpful in most cases.

Non-moving violations include violations like improper parking, stopping, or standing. Certain jurisdictions across the country will also treat camera tickets as non-moving violations. The most common non-moving violations are parking tickets.

Big cities rake in hundreds of millions of dollars in parking fines each year. This makes them more valuable than traffic tickets in certain areas, like New York City and Chicago. Not all moving violations are treated the same in the eyes of the law. There are three levels of severity: infraction, misdemeanor, and felony. We talked about these three traffic violation categories earlier in this article. Minor moving violations are violations or offenses that are typically less harmful to the public welfare, whereas major moving violations tend to be severely harmful to the public welfare.

What falls into the category of minor or major violations depends on the jurisdiction. If you were only cited with a non-moving violation, it may make sense to mitigate the infraction and not get an attorney involved. However, if you were also cited with a moving violation such as a speeding violation , you should at least consult with a traffic ticket lawyer before deciding how to proceed.

Feel free to submit an inquiry below or contact us for a free consultation today. Give us a call to learn more. About the Author Tony was born and raised in Bremerton, Washington. He is an energetic attorney and currently focuses his attention on the representation of clients in both civil and criminal traffic matters. Moving Versus Non-Moving Violations. By: Antonio Garguile, Esq. Published: December 7, What is a Moving Violation?

When Should I Hire a Lawyer? Unless the owner of the car was not the driver, or the photographs are unclear, these tickets may be hard to defeat. A driver may have a stronger defense to a red light ticket when no camera was involved, since they may be able to argue that the officer did not have a clear view of the scene or relied on a mistaken assumption.

Read more here about red light violations. The rules regarding improper turns, especially U-turns, are very complex. The prosecution usually must prove several precise elements. If you received a ticket for making a U-turn in a business district, for example, you may be able to argue that the prosecution failed to show that the area was a business district.

If you received a ticket for making a turn that was prohibited by a sign, you can investigate the scene to determine whether an obstruction might have prevented you from seeing the sign. Other types of turning violations may hinge on subjective judgment calls, such as whether the driver stayed close to the edge of the road or whether the turn was generally safe.

Read more here about improper turning violations. Similar to unsafe turns, unsafe lane changes can result in a ticket. These usually happen when a driver erratically swerves across lanes without signaling.

Meanwhile, improper passing can involve a maneuver that an officer subjectively considers to be dangerous, or it can involve a more objective violation, such as passing on the right unless an exception applies or making a blind pass near a curve or hill. Read more here about unsafe lane changes and improper passing. Following the car in front of you too closely can result in a ticket, even if no accident happened. Whether a driver is following too closely will depend on the road, weather, and traffic conditions at the time.

The general rule is that the rear driver should leave one car length of separation for every 10 mph of speed. However, there may be situations in which the front driver is at fault for stopping abruptly or in which a driver cuts between the front driver and the rear driver, creating a dangerously narrow gap. Read more here about tailgating. If you'd like to know more about how to fight a speeding ticket , we can help you out.

Although there is not a universal definition of major violations as this varies by jurisdiction, you can find out what your state or region considers to be a major violation by the severity of the penalty for the violation — an automatic suspension of your license or a high number of points.

There are some anomalies in major violations. For example, in Virginia, exceeding the speed limit by 20 miles per hour is considered reckless driving, which is a misdemeanor with a penalty of six points.

It is important to understand that receiving a ticket for a moving violation, is not a conviction. Most traffic tickets relate to infractions, where the penalty is a fine and potentially two or three points on your license. In the case of a minor infraction, you may have the option of attending traffic school to keep it off your record. If you are considering contesting a ticket, it is important that you do not pay the fine and instead seek legal advice.

If you pay the fine, you are effectively admitting guilt and the conviction will stay on your driving record for the period provided for in state law. And, depending on the violation, you risk points being added to your license.

In California, a driver who accumulates four or more points in 12 months, six points in 24 months or eight points in 36 months may be considered a negligent driver.

There is more at stake if you are convicted for some of the major: you can be arrested and subsequently imprisoned if you are found guilty. In the event you have been accused of a major traffic violation, you should strongly consider hiring a lawyer.