Traffic violations recommend the most common offenses and depending on how severe the violation is, penalties can range from driver education and fixed fines to prison sentences.
Regardless of 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.
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. Here we have some common examples of moving violations.
What is a Moving Violation?
A moving violation is any violation of the law committed by the driver of a vehicle while it is in motion.
Moving violations are usually classified as infractions or misdemeanors, but serious violations such as hit and run, driving under the influence, and road rage can be considered felonies.
Some examples of moving violations include:
- Speeding,
- failure to yield,
- failure to use turn signals,
- driving a car with broken headlights, and
- running a red light.
Moving violations are often seen as more serious offenses compared to non-moving violations. This is because moving violations can include serious offenses such as distracted driving or driving under the influence of drugs or alcohol.
However, moving violations, such as failing to fully stop at a stop sign, or making an improper turn, are relatively minor offenses with less consequence than driving while impaired.
Examples of Moving Violations
- Exceeding the posted speed limit or safe driving speed for road conditions
- Running a red light or stop sign.
- Running a stop sign
- Failure to yield.
- Improper lane change
- Reckless driving
- Driving under the influence (DUI)
- Driving while intoxicated (DWI)
- Driving with a suspended license
- Tailgating (following too closely)
- Failure to signal a turn or lane change.
- Texting while driving
- Using a handheld device while driving
- Failure to stop for a school bus with flashing lights.
- Driving on the wrong side of the road
- Driving the wrong way on a one-way street
- Failure to use headlights when required.
- Driving without headlights at night
- Failure to obey traffic control devices.
- Failure to use a seatbelt.
- Driving with a child not properly secured in a car seat.
- Failure to yield to pedestrians in a crosswalk.
- Failure to use a turn signal at an intersection.
- Failure to yield to emergency vehicles with sirens and lights on
- Driving in a carpool lane with only one occupant
- Ignoring a railroad crossing signal
- Passing a stopped school bus loading or unloading children
- Exceeding the posted weight limits for a vehicle
- Illegal U-turn
- Drag racing or street racing.
- Failure to stop for a funeral procession.
- Failure to move over for emergency vehicles on the side of the road.
- Driving with obstructed vision (e.g., snow on the windshield)
- Failure to use a horn when necessary.
- Driving without a valid registration or license plate
- Failure to obey a traffic officer’s instructions.
- Driving with an expired driver’s license
- Failure to maintain a safe distance from other vehicles.
- Passing in a no-passing zone
- Driving too slowly and impeding traffic
- Failure to use a seatbelt in a commercial vehicle (truck)
- Failure to use a child safety seat in a commercial vehicle.
- Failure to stop at a weigh station (commercial vehicles)
- Driving with an oversized load without proper permits
- Failure to stop at a railroad crossing.
- Failure to stop for a funeral procession.
- Using high-beam headlights inappropriately
- Failure to yield to merging traffic.
- Driving on a closed road or in a restricted area
- Driving without functioning brake lights or taillights
How Can Moving and Non-Moving Violations Affect Drivers?
In a set of pictures taken by a red-light camera, the black car in the pictures ran the red light.
Exactly how long moving violations stay on a driving record depends on jurisdictional laws; for example, in New York, minor moving violations can stay on a driving record abstract for a maximum of four years.
Whereas minor moving violations tend to stay on a person’s abstract for only a few years, some moving severe violations are classified as criminal offenses that result in a criminal record that may be maintained for life.
What Happens When You Get a Moving Violation?
Moving violation convictions typically result in fines and demerit points assessed to the license of the driver. As a driver accumulates points, they may be required to attend defensive driving lessons, re-take their driving test, pay additional taxes, or even surrender their license.
Additionally, moving violations often increase insurance premiums. Drivers with more points on their driving record often must pay more for car insurance than drivers with fewer.
When you are pulled over for a moving violation, you are asked for your driver’s license, vehicle registration, and proof of insurance. The officer checks your information and writes a citation.
The citation includes vehicle information, information about where and when the offense occurred, a verbal description of the offense, and the specific vehicle code in violation.
The officer writes his or her name and asks you to sign the ticket. Signing the ticket is not an admission of guilt, and you can challenge the citation in court. Signing is an acknowledgment of receiving the citation and a promise to follow up. Not signing as requested can lead to immediate arrest.
In most locations, you receive a notice in the mail reminding you to act on the ticket. However, you are responsible for following through, even if the offense happened in another state and even if you do not receive a notice in the mail. Failing to act on a moving violation can result in an arrest warrant being issued against you.
If you are eligible for traffic school, the court will notify you and give you a list of eligible schools to attend online or in person.
If you contest the ticket or have been charged with a felony or misdemeanor charge, hiring an attorney is usually advisable.
What are Non-Moving Violations?
Non-moving violations occur when a vehicle not in motion breaks the traffic code. These violations are usually related to parking negligence or defective vehicle equipment. Several examples of non-moving violations include:
- Parking in front of a fire hydrant,
- displaying an expired registration or insurance card,
- lack of registration or insurance,
- parking in a “no parking” zone,
- A broken taillight, and
- vehicle maintenance issues.
Non-moving violations can also include offenses that occur when a vehicle is in motion, including driving without a seatbelt or driving with malfunctioning vehicle equipment, such as a broken taillight.
Unlike moving violations, non-moving violations are not representative of the quality of your driving or whether you were driving recklessly—instead, they most often involve technical issues. Therefore, you will not accrue points on your license for non-moving violations.
Consequences of a Moving Violation Conviction
Felony and misdemeanor moving violations can result in incarceration and/or substantial fines. If you fail to take care of any moving violation, you face:
- Loss of your driver’s license
- Increased fines and penalties
- Loss of access to traffic school
- Arrest