What Is A Moving Violation?

Traffic violations are among the most commonly occurring offenses, and, depending on the severity of the violation, attract penalties that range from fixed fines and driver education to prison sentences. However, a traffic violation conviction can have long-term consequences for drivers, affecting vehicle insurance applications and premiums, and in some cases, employment.

So, if you are charged with a traffic violation it can be wise to seek advice to understand whether and how to contest it.

What is a moving traffic violation?

A moving traffic violation is a breach of traffic laws committed by the driver of a vehicle that is in motion, such as speeding or running a red light, as opposed to a non-moving violation which relates to parking, equipment (a mechanical violation) or documents associated with the driver or the vehicle, such as insurance, registration or inspection.

However, the legal definition of a moving violation is not always clear-cut and is determined by each state. Visit our guide if you need information on moving violations in Washington State.

Many states classify red-light or speed camera tickets as non-moving violations even though the vehicle is moving when the violations occur. Seatbelt violations, which relate to equipment, but occur when the vehicle is moving, are sometimes considered to be non-moving violations.

How Do Moving Violations Affect You Compared To Non-Moving Violations?

An important distinction is that you will not get points on your driver’s license for a non-moving violation, whereas in most states, points will be added to your driver’s license if you are convicted of a moving violation.

The number of points varies by state, but the more serious the violation is, the more points you will get. And if you accumulate too many points, you risk further penalties, including having your license suspended. An attorney can help negotiate to get your speeding ticket reduced to a non-moving violation if you already have points on your license and want to avoid penalties.

Minor and major moving violations

Moving violations are classified into minor and major violations.

However, again the classification will differ depending on the jurisdiction and perspective – for example an insurance company or prospective employer, particularly in a job in which driving is some part of the job responsibilities, may define these differently from law enforcement agencies, which themselves vary in the way they classify certain violations and the penalties that apply.

For example, while your Department of Motor Vehicles (DMV) may consider infractions such as failure to wear a seat belt or produce documents (when the documents are in order) as violations, your vehicle insurance may not classify these as chargeable. Insurance companies may rate infractions that DMVs may not consider major violations as significant risks that carry an increased premium.

What is a minor moving violation ?

Common minor moving violations include some less serious speeding offenses, failing to stop at a stop sign or red light, failing to stay in lane, failing to stop for a school bus or tailgating (following another vehicle too closely).

Cell phone use while driving is an evolving area of law. Some states have introduced moving violations related to handheld cell phones, and most states prohibit texting. Other laws that prohibit distracted driving may also apply to cell phone use.

Again, this varies by state. New York, New Jersey, Connecticut, Maryland, California, Oregon, and Washington prohibit drivers from using handheld cell phones. A cell phone violation is often classified as a primary offense, which means that an officer can stop you if you are not committing any other violation.

More general distracted driving laws may also apply to cell phone use. California’s cell phone rules impose fixed fines – including on non-residents and drivers aged under 18 – which increase with subsequent offenses.

Common Moving Violations: Speeding Vs Reckless Driving

Speeding is one of the most common moving violations though whether it’s “major” or “minor” really depends upon the state and the speed. Most states apply an absolute speed limit, which means that a driver can receive a ticket for driving at any speed above the limit. However, a speed of ten miles per hour or less over the legal speed limit is almost always considered to be a minor infraction. A driver can also receive a ticket for driving too slowly and impeding the flow of traffic.

However, significantly exceeding a speed limit can attract a charge of reckless driving which is a major moving violation that potentially attracts serious penalties, ranging from fines, requirements to enroll in a driver’s safety course and points on the driver’s license, to license suspension or even a custodial sentence.

If you'd like to know more about how to fight a speeding ticket, we can help you out.

What is a major moving violation?

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.

Most states and insurance companies recognize the following as major moving violations which can result in a driver’s license suspension:

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.

What is a moving violation conviction?

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.

Tickets for minor violations generally offer two options:

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.

This is an important consideration as you don’t need to be convicted of a major violation to risk losing your driving privileges as accumulating too many points on your license can result in an automatic suspension.

What Does This Mean For The Points On Your Driver's 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.

New York State charges a fee, the ‘driver responsibility assessment’ which is paid for three years by drivers who are convicted of alcohol or drug related driving offenses who or accumulate six or more points on their driving record in 18 months.

Can You Get Arrested For This Infraction?

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.

In either circumstance, it is important not to ignore a citation for a moving violation, even if it happened in another state[DL8] .

What Happens If You Wait, Or Delay Action On A Moving Violation Ticket?

Failing to take action on a moving violation will escalate the problem, leading to increased fines and penalties, loss of access to traffic school and even the possibility of an arrest warrant.

Therefore, it makes sense to get advice immediately so that you can understand and hopefully avoid the negative consequences of a moving violation conviction.

You Don't Have To Submit - Fight Your Moving Violation Citation Today!

We hope this article helped you gain insight on what is a moving violation as defined by your state, specifically.

Off The Record has helped thousands of drivers fight their major and minor moving violations and avoid a moving violation conviction. You can start fighting your ticket through Off The Record today.