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Moving violations are something you hope to never commit. These violations come with serious consequences, like fines, fees, and even jail time. On top of it all, they’re incredibly common.

In New York alone, nearly four million traffic tickets are issued each year and the majority of them are for moving violations. 

That amounts to hundreds of millions of dollars lost to moving violations each year.

Add that to the hundreds of millions people lose to parking tickets and you’ve got a hefty sum of penniless drivers. 

Getting accused of a moving violation can be a scary thing, especially if this your first time. To better understand what to do, you should first understand what a moving violation is.

What is a Moving Violation?

On the surface, moving violations are quite simple: They’re traffic violations that occur when the vehicle is or was in motion. These violations can come in any number of shapes and sizes, ranging from minor violations like failing to yield at an intersection to major violations like vehicular homicide.

As you might guess from these two examples, moving violations cover quite a range of severity. Contrast that to parking violations, which have only a few minimal penalties. While parking tickets can still wreak havoc on your finances, they aren’t likely to get you sent to jail.

Many moving violations are traffic infractions. Traffic infractions carry the most lenient sentencing, minimal penalties, and are otherwise considered to be the least serious violations. Infractions carry fines, fees, and other penalties that are significantly lower than those associated with criminal traffic violations.

Criminal traffic violations are broken down into two categories: misdemeanors and felonies. Depending on your state and county, there might also be other subcategories.

Misdemeanors are more serious than traffic infractions but not quite as serious as felonies. Misdemeanors are often tried in criminal court rather than traffic court. That means you’ll likely have a full jury trial rather than a small traffic court hearing. 

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.

Common Examples of Moving Violations

Each state has its own list of moving violations. In New York, those laws are contained within the New York State Vehicle and Traffic Law (VTL). These codes list over 1,000 ways to get a traffic ticket. In states like California, the number of potential violations is even higher.

Here are a few common examples of moving violations:

• Aggravated Unlicensed Operation
• Driving on a Suspended License
• Driving Without Insurance
• Failure to Obey a Traffic Control Device
• Failure to Stop at a Stop Sign
• Failure to Use Turn Signal
• Failure to Yield for a Pedestrian
• Failure to Yield for an Emergency Vehicle
• Improper Use of Turn Signal
• Running a Red Light
• Speeding
• Talking on the Phone While Driving
• Texting While Driving
• Uninspected Motor Vehicle
• Unlicensed Operator (Driving Without a License)
• Weaving Through Traffic

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.

What is the Difference Between a Moving Violation and a Non-Moving Violation?

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. Sometimes they’re moving violations and other times they’re not.

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.

Moving Violations

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. 

For a more detailed definition of moving violations, see the above section entitled “What is a Moving Violation?”

For more examples of moving violations, see the above section entitled “Common Examples of Moving Violations.”

Non-Moving Violations

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. That’s sometimes true even for speed cameras and red light cameras.

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.

Minor Vs. Major Moving Violations

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. But it’s also important to note that there are two other categories of traffic violations: minor and major.

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. There are three legislative bodies that govern the rules of the road: the federal, state, and county governments.

Many laws are written so that the higher legislatures don’t trample all over the lower legislatures, giving plenty of leeway for local courts. That means local laws can be substantially different from one county to the next.

What might be considered a major moving violation in one county might be considered only a minor moving violation in another county. That depends on local counties’ laws, but it also depends on the higher courts.

Insurance companies operate in yet another different way, not always agreeing with what law enforcement decide are minor or major violations. That is, insurance companies can create their own lists of violations that qualify as minor or major.

Although local courts often have substantial leeway when writing their own laws, they are still beholden to the rules set forth by state and federal authorities. That means there are a list of common violations that can generally be considered either minor or major.

Minor Moving Violations

Minor violations are less severe than major violations, but that’s not to say they’re a walk in the park. In fact, in some cities, minor violations can still cost you over a thousand dollars in fines. That’s not even including applicable surcharges, fees, and insurance increases. And, for moving violations, your insurance is highly likely to increase.

Here are a few common examples of minor moving violations:

• Failure to Stop
• Following Too Closely
• Running a Red Light
• Speeding By 1-10 Miles Per Hour
• Weaving In and Out of Lanes

There is significant overlap between minor and major moving violations when it comes to things like speeding. If you are caught speeding by only a few miles per hour over the limit or weaving in and out of lanes, you might only get a traffic ticket. 

However, if you are caught speeding by a lot and weaving in out of lanes, you might be charged with reckless driving or street racing, both of which can be considered major violations.

When law enforcement pulls you over for a minor violation, you can expect to get a ticket and then resume your day. It’s typically a brief encounter lasting only a few minutes. After that, you’ll be given a few days (depending on the jurisdiction) to respond to the ticket.

Responding to the ticket means pleading not guilty or pleading guilty. In some cases, you might even be able to plead no contest, which is a way to accept the penalties without admitting guilt.

You may also get a ticket for a major violation and have to go through the response process. However, the legal procedures in place for dealing with major violations are far more involved.

Major Moving Violations

Major moving violations are more severe than minor violations. Oftentimes, minor violations can be upgraded to major violations when committed to greater extents or when exceeding legal standards. 

Speeding is a great example of this. Speeding only a few miles per hour over the posted limit is likely to be a minor violation, but excessive speeding is likely to be a major violation.

Other violations, however, only have a major version. For example, hit and run violations are almost always considered major. To help you get a better understanding of major moving violations, here are a few violations that are often considered major:

• Driving While Ability Impaired by Drugs (DWAI-Drugs)
• Driving While Intoxicated (DWI)
• Leaving the Scene of an Accident (Hit and Run)
• Reckless Driving.
• Exhibition of Speed (Street Racing)

The initial law enforcement encounter for major violations is quite different from that of minor violations. After a police officer pulls you over, they will quite likely write you a ticket. Unlike most minor moving violations, major violations will typically result in the police officer arresting you on the spot.

Many major violations are misdemeanors or felonies. Each of these two categories are considered criminal offenses. As such, police officers are allowed to arrest you for most of them.

The court process for major violations is also different from that of minor violations. Many minor moving violations go to traffic courts like New York City’s Traffic Violations Bureau (TVB). Major violations, however, tend to go to criminal court. Instead of a straightforward hearing, you’ll likely be subject to a trial by jury and facing months or years in prison.

Do Moving Violations Stay on Your Record?

Minor and major moving violations tend to stain your driving record for quite some time. Exactly how long these violations stay on your record depends on the law in your particular state. In New York, for example, minor moving violations can stay on your driving record abstract for a maximum of four years.

A driving record abstract is different from a driving record. The abstract, as it is often called, is the part of your record that is publicly accessible. This is what insurance companies and private investigators are allowed to see. Driving record abstracts do not show your entire driving record, but only the last few years.

Your permanent driving record, also called a lifetime driving record, is the one that includes all of your past violations. This record often includes all information that the Department of Motor Vehicles or TVB equivalent has on you. That often means your personal information as well as every violation of which you have ever been convicted.

For the most part, equipment violations and other non-moving violations do not appear on your record. But moving violations often do. This is particularly true for criminal traffic convictions, such as convictions for major moving violations.

Whereas minor moving violations tend to stay on your abstract for only a few years, major moving violations tend to leave you with a criminal record. And a criminal record lasts the rest of your life.

While your driving record might include criminal convictions, your criminal record and your driving record are technically two different records. In states where it is illegal to request criminal records during the interview process for a job, it is still acceptable to request driving records. 

That could entail your boss discovering your criminal traffic violations and denying you a job that involves driving.

If you ignore your tickets, this problem gets even worse.

What Happens If You Ignore a Moving Violation Ticket?

Under no circumstances should you ever ignore a ticket for a moving violation—or any other violation for that matter. If you ignore a traffic ticket, the court may charge you with Failure to Respond. That might result in another conviction and the suspension of your license.

If your ticket comes with a mandatory court appearance, you’ll have yet another problem. If your violation requires you to go to court but you don’t go, you can be charged with Failure to Appear. Depending on the nature of your ticket, that could mean an additional criminal charge.

On top of extra criminal charges for failing to appear in court, a few states allow courts to issue bench warrants. Bench warrants allow police officers to arrest you and force you to go to court.

To make this easier to understand, here are a few consequences you might face for ignoring a moving violation:

• Additional criminal charges.
• Bench warrants being issued for your arrest.
• Increased fines, fees, and/or surcharges.
• Increased jail time.
• Stricter sentencing.

In rare cases, you might face none of these consequences. In other cases, you might face them all. It is in your best interest to respond as soon as possible. Hiring a lawyer to fight your ticket is often the best way to do so.

How to Fight a Moving Violation

The traffic ticket dispute process always begins with a plea of not guilty. That opens the door to plea negotiations or fighting the ticket in court.

Once you’ve entered your plea, you’re going to want to hire a lawyer. Lawyers use their expert legal knowledge and years of experience to make winning your case a real possibility. In many states, hiring a lawyer means you won’t ever even have to go to court. Just sign some paperwork, pay your legal fees, and hope for the best.

WinIt is in it to win it for you. On the WinIt app, you can find countless local attorneys who specialize in handling traffic violations in your area. It starts with you making an account, filling out information relevant to your case, and selecting a lawyer. From then on out, you can sit back and relax knowing that you’re in good hands.

WinIt’s partners have a 97% success rate in New York state and are rapidly expanding all across the country. With WinIt, you have a much better chance of winning your case and saying goodbye to your ticket.