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State and local governments define moving violations as any kind of vehicle-based violation committed when the vehicle is in motion. Moving violations are the polar opposite of non-moving violations, but not all violations are clear-cut one way or the other.
Moving violations are treated more severely than parking violations in almost every case. Part of the reason for that is moving violations like speeding are a lot more dangerous than parking in the wrong parking space. But another part of the reason is that cities love their fines! Revenues from traffic tickets in Georgia amount to about 25% of the annual budgets for a number of cities.
Since fines for moving violations can be so much higher than parking tickets, it’s important to fight them at every turn. Else you’ll end up paying the hefty costs of traffic tickets and potentially getting a criminal record.
Examples of Moving Violations
There are plenty of examples of moving violations. Among the most notable are speeding, cell phone laws, and failure to stop. Although the penalties and enforcement practices for these violations vary from state to state, there have many things in common.
Moving violations in New York and New Jersey, for example, can get points on your license. That’s on top of fines, fees, and surcharges that apply to every moving violation conviction. Another common fact is that many moving violations are considered misdemeanors. If you get a conviction for one of these violations, you can end up in jail.
- Speeding
There are almost a dozen kinds of speeding violations all across the country. Many states have one violation for each of the following brackets:
- 1-5 MPH over the limit.
- 6-10 MPH over the limit.
- 11-15 MPH over the limit.
- 16-20 MPH over the limit.
- 20+ MPH over the limit.
But not every state uses the same brackets. New York, for instance, uses a 10-MPH scale for it’s brackets. Meanwhile, Georgia uses a seemingly random scale for its brackets. However, one thing remains the same: High monetary penalties.
Violations like speeding and imprudent speed have some of the highest monetary penalties in vehicle and traffic codes. These also account for the plurality of traffic tickets issued in most jurisdictions. But the costs, like the brackets vary considerably. A speeding ticket in Washington state might only cost $48, but one in Georgia could cost several hundred dollars.
- Cell Phone Laws
Cell phone laws started popping up across the country in the early 2010s. According to the National Conference of State Legislatures, all but two states have banned texting while driving and 20 states have outright banned the use of handheld devices while driving.
These violations are considered moving violations because the law only applies when the vehicle is moving. In most cases, you can text in a parked vehicle without any risk of a ticket. Some states even allow you to text when stopped at a red light or stop sign. However, it’s a better idea to not use your cell phone at all while the engine is running.
In New York, one of these tickets can get you five points on your license and cost up to $400 in fines.
- Failure to Stop
There are many ways to get a traffic ticket for failure to stop. You can fail to stop for a school bus or pedestrians. You can fail to stop at a crosswalk or a stop sign. Many people think that it’s acceptable to pass a school bus if there are no students crossing. That is not the case. Failure to stop at a school bus in New York can get you up to five points on your license and serious fines.
You cannot, however, get a traffic ticket for failure to stop at a red light. With a few exceptions, states that use red light cameras consider red light violations to be different from both parking and traffic violations. Instead, legislators put them in their own category: camera violations. Camera violations are an entirely different beast.
How to Fight Moving Violations
Whichever kind of moving violation you commit, you’re going to want to fight it. Of course, it won’t always be possible to fight every traffic ticket. But you should almost always try your luck in traffic court. That’s where lawyers come in.
You can hire a traffic ticket lawyer to represent you in traffic court, provided that you’re not at risk of going to jail. In cases where jail is on the table, you will need a criminal lawyer.
For more information on moving violations and how to fight them, comment below. Our moving violation experts will respond as soon as possible. If you have an urgent concern or a ticket that needs handling right away, contact a lawyer directly via the WinIt App. In the meantime, check our blog for other helpful information.
