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Moving Violations

A moving violation is any violation of the law committed by the driver of a vehicle while it is in motion. The term "motion" distinguishes it from other violations such as parking violations, equipment violations, or paperwork violations relating to insurance, registration, inspection, etc

While some violations, like parking violations, are civil matters involving a vehicle's owner, moving violations are charged against the actual driver. However, moving violations enforced by automated camera enforcement may be prosecuted as civil violations against the vehicle's owner.

Moving violations are usually classified as infractions or misdemeanors, but serious violations can be considered felonies.

The most common moving traffic violations are speeding, driving without a valid driver's license, driving without insurance, driving under the influence (DUI) and reckless driving.

Sometimes tickets are used in a speed trap as a form of fundraising. For example, a local government that is suffering a budget shortfall may ticket more aggressively within its jurisdiction to increase revenue.

Fines for moving violations can vary widely between jurisdictions for the same behavior, usually between $25 and $1000.

Examples of moving violations

• speeding, which can be exceeding a limit or simply driving an unsafe speed
• driving too slowly for road conditions, particularly in a left-hand lane
• running a stop sign or red traffic light
• failure to yield to another vehicle with the right-of-way
• failure to signal for turns or lane changes
• failing to drive within a single lane
• crossing over a center divider or median
• driving on the shoulder where it is considered illegal under certain conditions
• failure to use a seat belt
• failure to stop for a pedestrian in a crosswalk
• failure to stop for a school bus when children are boarding or exiting
• failure to secure a load to a truck
• driving in a car pool lane illegally
• operating a cell phone while driving
• driving a vehicle outside the conditions of one's license

More serious moving violations include:

• driving under the influence
• reckless driving
• street racing
• vehicular homicide

Consequences of Moving Violations

In most places, moving violations involve fines which must be paid as well as punitive points assessed to the license of the driver. As a driver accumulates points, he or she may be required to attend defensive driving lessons, re-take his or her driving test, pay additional taxes, or even surrender his or her license. Additionally, drivers with more points on their driving record often must pay more for car insurance than drivers with fewer. More serious moving violations, such as DUI and reckless driving, may result in arrest.

If you have been cited for a moving violation, a qualified lawyer can often succeed in reducing the severity of the offense and/or reducing the fine or punishment meted out by the court. If you believe you have been cited in error, or there are circumstances that may influence the outcome of your case, an lawyer can advise you how best to proceed.