Moving Violations

Moving violations include relatively minor traffic offenses, which end up with the driver getting a ticket after breaking a circulation rule while driving. Most states have a point system, and each time someone causes an accident or is guilty of committing a moving violation, more points are added to their driver’s license. The more serious the offense, the more points it carries. Motorists who get too many points within a limited time frame risk having their license suspended. Points stay on the record for an average of 2 to 5 years, depending on the jurisdiction.

Getting a ticket for a moving violation gives the perpetrator three options: paying it, contesting it, or, sometimes, keeping it off the record by taking a driver’s safety course. Most traffic tickets are issued for "strict-liability" traffic offenses (for instance, driving a car with burned-out headlights), meaning there’s no criminal intention needed to charge a person with this type of crime. The only thing needed is evidence that the driver committed the prohibited act. Not all moving violations result in a fine. More severe offenses could include harsher punishments, such as community service, loss of driving privilege (driver’s license), and the obligation to join a rehabilitation program or even jail time.

Moving Traffic Violations vs. Non-Moving Traffic Violations

Traffic violations are breaches of motor vehicle laws enacted to regulate the operation and movement of vehicles on local, state, and federal roadways. These violations are generally classified into two main categories – Moving Violations and Non-Moving Violations - with the primary difference being whether the vehicle was in motion at the time of the violation:

Moving Violations

These are traffic violations committed by the driver of a vehicle that is in motion. Moving violations are usually considered more severe than non-moving violations because they typically involve acts that directly affect the safety of the vehicle's passengers as well as other drivers and pedestrians on the road. Examples of these moving violations include:

• Speeding
• Driving while under the influence of alcohol or drugs (DUI/DWI)
• Driving without a license
• Running red lights and stop signs
• Reckless driving
• Tailgating
• Improper lane changes
• Leaving the scene of an accident without providing contact information or helping injured parties (Hit and Run)
• Not yielding the right-of-way to other drivers or pedestrians when required.

The exact scope of traffic offenses considered moving violations and their penalties vary by jurisdiction; the severity of the offense also typically influences the penalties for these violations.

Non-Moving Violations

Non-moving violations are traffic offenses that occur when a vehicle is stationary and are usually related to its condition or parking. While these violations may also incur fines, they are not considered as serious as moving violations and do not affect driving records as seriously either. Examples of non-moving violations include:

• Parking in a no-parking zone, in front of a fire hydrant, in a handicapped spot without proper authorization, and other similar parking violations
• Driving a vehicle with expired tags or registration
• Broken tail lights, headlights, turn signals, and other issues involving faulty equipment
• Not having your license plate number properly displayed
• Leaving a vehicle unattended or abandoned on public property for an extended period
• Illegal tint
• Too much muffler noise

Moving Traffic Violations

Moving traffic violations cover a broad scope of offenses that occur while a vehicle is being driven. Common moving violations include speeding, running red lights, and driving under the influence of alcohol or drugs. These violations are usually penalized more heavily than non-moving violations (because of the direct danger they pose to road safety). The penalty for a moving violation can range from fines and points on a driver's license to more severe consequences such as license suspension or even jail time.

Non-Moving Traffic Violations

Non-moving traffic violations refer to any violations of motor vehicle laws that occur when the vehicle is stationary. These infractions are usually related to issues involving parking, incorrect or incomplete vehicle documentation, and the vehicle’s overall condition. Some examples of non-moving violations include parking in a restricted area, having expired vehicle registration, and failing to display the correct license plates. Be aware that even though these violations are typically seen as less serious than moving violations, they can still lead to fines and other penalties.

Types of Moving Violations

Understanding what actions are considered a moving traffic violation can help you steer clear of legal trouble. Speeding, running stop signs, reckless driving, and DUIs/DWIs are some of the most common types of traffic violations recorded nationwide. While the specific definitions and associated penalties for these violations may vary by location, the general idea remains the same:

Speeding

Speeding violation is the act of driving a vehicle at a speed that exceeds the legal limit set for a particular road or area. It is one of the most common types of traffic violations and a major contributor to road accidents and deaths. There are several categories of speeding, such as:

• Exceeding the Speed Limit: This involves driving faster than specified speed limits – these limits differ depending on the type of road and the location.
• Racing: This involves engaging in a speed contest with at least one other vehicle on public roads. Racing can be extremely dangerous due to the high speeds involved and is usually heavily penalized in most jurisdictions.
• Driving Too Fast for Conditions: In some situations, you may be cited for driving too fast for current road conditions, even if you are within the speed limit. This usually occurs in adverse weather conditions or heavy traffic.

Running Red Lights and Stop Signs

Running a red light or stop sign is a serious moving violation that occurs when a driver fails to stop at a traffic signal or stop sign and illegally enters the intersection. This type of traffic violation, often recorded in Traffic DMV Records, is considered highly dangerous. An average of seven fatal crashes and 1,000 injury crashes are caused every day by drivers who run red lights and stop signs, amounting to billions in property damage, productivity loss, increased insurance premiums, and healthcare costs annually.

Red light cameras often capture these violations, and offending drivers are usually mailed a moving violation ticket along with photographic evidence of them running the red light or stop sign. Although many accept these tickets and corresponding penalties, you can also choose to contest the ticket to keep your driving record clean and maintain lower insurance rates.

Reckless and Aggressive Driving

This type of traffic violation is characterized by a disregard for traffic laws and the safety of other road users. It generally involves hostile and unsafe behaviors on the road (often as a response to frustration or anger) and a willful indifference to the potential consequences. Examples of reckless and aggressive driving include:

• Ignoring traffic signals
• Weaving through traffic
• Driving under the influence (of drugs or alcohol)
• Excessively horning and making rude or threatening gestures
• Intentionally blocking lanes to prevent another vehicle from changing lanes or merging.
• Abruptly changing lanes in front of another vehicle
• Excessive speeding
• Displaying aggressive behavior toward other drivers

Improper Lane Changes and Passing

Improper lane changes and passing are moving violations that involve switching lanes or overtaking another vehicle in a way that is considered unlawful and compromises road safety. The legal requirements for lane changing and passing include:

• Signaling before changing lanes or passing another vehicle to alert other drivers
• Checking mirrors and blind spots before changing lanes to ensure that the lane is clear
• Ensuring that there is enough space and time to safely complete the maneuver when passing another vehicle
• Yielding the right of way to vehicles already in the lane you intend to enter and ensuring that you do not force other drivers to brake or swerve to avoid a collision

Failing to signal, changing lanes abruptly, passing in unsafe conditions, and overtaking a vehicle on the right are common examples of improper lane changes and passing traffic violations.

Driving Under the Influence (DUI)

The terms DUI (driving under the influence) and DWI (driving while intoxicated) are often used interchangeably to refer to the offense of operating a vehicle while impaired by alcohol, drugs, or other substances that affect a person’s ability to drive safely. DUIs/DWIs are considered very serious moving violations and typically have stringent penalties that can include fines, license suspension or revocation, mandatory alcohol or drug education programs, and even jail time. The severity of these penalties is usually determined by the driver's blood alcohol concentration (BAC) or substance intoxication level at the time of the incident and whether it's a first-time or repeat offense.

Tailgating

Tailgating is a moving violation that occurs when a driver follows another vehicle too closely. This is particularly dangerous because it reduces the driver's reduction time if the vehicle ahead brakes suddenly. For example, while a 15-foot distance between vehicles might be acceptable in slow-moving traffic at 12 mph, it becomes highly dangerous at 70 mph. To this end, drivers are generally required to maintain at least a one-car distance in front of them for every 10 mph of speed. This is not only vital for road safety but also a matter of common sense.

Tailgating is sometimes used as a method of traffic-related intimidation and, in its most severe forms, can be classified as violent road rage. However, this is usually also risky for the tailgater, especially if the leading vehicle is a large tractor-trailer or a gas tanker. A sudden stop due to pedestrians, traffic jams, or traffic lights can easily result in a rear-end collision, leading to serious consequences. Nearly 30 percent of all traffic accidents in the US are caused by rear-end crashes, and tailgating contributes significantly to this figure too, which is why it is considered illegal in many jurisdictions. Even if no accident occurs, following another vehicle too closely is still an infraction. It can result in a ticket, especially in situations where prevalent conditions, like the weather, traffic, and road conditions, worsen the danger.

Minor and Major Moving Violations

Moving violations can be categorized as either minor or major, depending on the severity of the offense and its potential danger to road safety. Minor moving violations usually involve less serious infractions like improper lane changes and slight speeding and are generally punished with light fines. On the other hand, major moving violations involve more serious offenses like reckless driving, DUIs, and hit-and-run and carry heftier penalties, such as substantial fines, license suspension, or imprisonment.

Minor Moving Violations

A minor moving violation is a type of traffic offense that typically involves infractions. Examples include:

• Speeding slightly over the limit
• Rolling through a stop sign
• Failing to signal before turning lanes or changing lanes without checking blind spots
• Not yielding the right of way when required.

While these violations generally do not pose an immediate or significant danger to road safety, they are still against traffic laws and lead to several consequences, such as:

• Monetary fines
• Warnings
• Points on driving record
• Increased insurance premiums

Be aware that repeat offenses for a minor moving violation can lead to more significant consequences, which usually affect a driver's records and financial situation.

Major Moving Violations

A major moving violation is a serious traffic offense that significantly endangers the safety of the driver, passengers, and other road users. These violations generally involve reckless or dangerous behavior, are treated more severely than minor moving violations, and have heavier penalties. Examples of major moving violations include:

• Reckless driving
• Driving under the influence (DUI)
• Hit and run
• Driving with a suspended license

The consequences for a major moving violation typically reflect the seriousness of the offense and its potential to cause harm. These penalties include:

• Substantial fines
• License suspension or revocation
• Imprisonment
• Permanent criminal record
• Steep insurance rate hikes

Legal Consequences of Moving Violations

Moving violations have various legal consequences that can impact a driver's financial situation, driving record, and overall quality of life. These consequences can vary widely depending on the severity of the offense and where it occurs, and they are usually designed to ensure that drivers are held accountable for their actions. The most common legal consequences for moving violations across several jurisdictions include:

Fines and Penalties

Fines for moving violations vary by offense and location and can range from a few dollars for minor violations like slight speeding or improper lane changes to several hundreds or thousands of dollars for more serious offenses like reckless driving or DUI. Some moving violations, especially major ones and repeat offenses, may also carry additional penalties like community service, mandatory education programs, and even jail time.

Points on Driving Record

Points are usually assigned to a driver's record for moving violations. The severity of the offense usually determines the number of points assigned, and accumulating too many points within a certain period often leads to other consequences, like license suspension and higher insurance rates.

Increased Insurance Rates

A moving violation is a red flag to insurers, as it signals risky driving behavior and indicates a higher likelihood of future accidents or claims. This, in turn, often leads to higher insurance premiums; the increase in rates is usually determined by the nature of the violation, the driver’s history, and the insurer’s policies. In some cases, the moving violation may even lead to policy cancellation.

License Suspension or Revocation

Severe or repeated moving violations, such as DUIs, reckless driving, or accumulating too many points within a specific timeframe (as determined by respective motor vehicle departments), often result in the driver's license being suspended or revoked. This means that the affected driver will be either temporarily or permanently prohibited from operating a vehicle.

From a Traffic Ticket to a Bench Warrant

Failing to pay the fines for a traffic ticket or address other penalties issued as a result of moving violations can quickly escalate into more severe legal problems, including the issuance of a bench warrant by a judge. Since outstanding warrants are not confined by geographical boundaries and do not expire, a routine traffic stop could result in the driver’s arrest. If a warrant is issued due to an unpaid moving violation ticket, the police may hold the driver in custody until an appropriate court of law lifts the warrant. Sometimes, they could be jailed for up to 48 hours (or more) while waiting for a warrant hearing. Depending on the judge’s decision, the offender might be released after posting bail or held until the next hearing.

No matter what, it’s always handy to know if you have any unpaid traffic tickets, pending warrants or learn more about your public records, so you can avoid further legal problems. With a simple driving records search, we reveal a report with all the relevant information you need to know, nicely organized under different sections.

Ignoring a Traffic Ticket

Ignoring a moving violation ticket by either failing to pay the fine or contesting it in court can result in additional penalties, ranging from late fees and increased fines to a mark on your driving record and a suspended license. In some jurisdictions, the unpaid ticket may even be reported to collection agencies, negatively impacting your credit score.

Escalation to a Bench Warrant

When a moving violation ticket remains unpaid, the court may issue a bench warrant for the driver’s arrest (these arrests often occur during routine traffic stops). This usually leads to legal complications and potential jail time. Be aware that the bench warrant will remain active until the driver addresses the moving violation in court.

Legal and Financial Implications

In addition to the risk of arrest due to a bench warrant, failing to pay a moving violation ticket as soon as it is due can have other significant legal and financial implications. These include additional fines, bail fees, and court costs. An unresolved moving violation also has a negative effect on your driver's record, potentially leading to high insurance rates and license suspension.

How Moving Violations Affect Your Driving Record

Moving violations can have a lasting effect on your driving record. Accumulating points from multiple violations can lead to increased insurance rates; you also risk your license being suspended or revoked when you rack up too many points, ultimately limiting your mobility and independence. Moving violations on your driving record can also affect employment opportunities, particularly for jobs requiring driving. As such, it is crucial to familiarize yourself with relevant traffic laws within your jurisdiction and practice safe driving behaviors. Doing this minimizes the risk of getting penalized for traffic violations and ensures that you maintain a clean driving record.

No matter what, it’s always handy to know if you have any unpaid traffic tickets, pending warrants or learn more about your public records, so you can avoid further legal problems. With a simple driving records search, we reveal a report with all the relevant information you need to know, nicely organized under different sections.