What is a Moving Violation?

Traffic violations are some of the most common legal offenses. Penalties for these violations can span from fixed fines to prison sentences. If you are charged with a moving violation, it is always wise to seek legal advice as the ramifications of violations are often more complex than they might seen. A legal counselor can save you time, money, and long term consequences.

Moving violations are traffic violations that occur while the vehicle is in motion. For example, texting while driving or running a red light is a moving violation. The legal definition of a moving violation differs by state, so beware if you are traveling across states by car.

Violation topics covered in this blog:

• What is considered a moving violation? 
• Major vs minor violation penalties
• Seatbelts
• Cell Phone use
• Running a red light
• DUI

Minor Moving Violation vs Major Moving Violations

Moving violations are classified into two categories: minor and major violations.

Minor violations may include:

• Failing to stop at a red light or stop sign
• Failing to stay in your lane,
• Tailgating
• Less serious speeding offenses
• Cell phone use while driving ( in some states)

Major violations result in an automatic suspension of your license in most states and definitely damage to your insurance rates in all most all states.

Major violations include:

• Any felony using a vehicle (e.g., manslaughter)
• DUIs or DWIs
• Drag racing
• Reckless driving and assault of another driver (road rage)
• Refusal to stop for a police officer
• Hit and run accidents

Is a Speeding Ticket a Moving Violation?

Speeding is one of the most common moving violations. While “major” and “minor” speeding tickets will vary by state, most states have an absolute speed limit which is enforced. This means you can receive a ticket going any speed above the limit. Usually, any speed under 10 miles per hour over the limit is considered a minor violation and over 10 mph, a major violation.

 

Is a Seatbelt Ticket a Moving Violation?

In North Carolina, a seatbelt ticket is not considered a moving violation. However, violation of the seatbelt law will result in fines. The North Carolina law states that any and all passengers over the age of 16 must wear a seatbelt. For front seat passenger violations, penalties may result in a $25 dollar fine and court fees up to $200.

 

Is a Cell Phone Ticket a Moving Violation?

Texting while driving is very dangerous. Just seconds looking at your phone can result in deadly accidents.

A cell phone ticket can result in a moving violation. Typically, the ticket will not go on your driving record. However, if an officer were to cite you for careless driving, cell phone use is definitely considered a moving violation and can impact your record.

Cell phone citations have now surpassed DWI citations in North Carolina.

 

Is Running a Red Light a Moving Violation?

Running a red light is a moving violation. Penalties will result in points on your license and a fine up to $100. In North Carolina, running a red light will put 3 points on your license and your insurance record.

 

 

Is a DUI a Moving Violation?

Driving under the influence (DUI) is a major moving violation. In some states a first time DUI is considered a traffic infraction, however, in North Carolina, your first DUI will be charged with up to $4,000 in fines, a maximum of 2 years in jail, mandatory drug treatment, probation and suspension of your license.

 

How Do Moving Violations Affect You Compared To Non-Moving Violations?

Non-moving violations occur when your vehicle is not moving but you break a traffic code. Usually, these violations involve defective equipment or parking negligence.

Some examples of non-moving violations include:

• A broken taillight
• Lack of registration
• Parking in front of a fire hydrant
• An expired insurance card
• Vehicle maintenance issues

Non-moving violations do not reflect your driving skill, therefore you will not receive points on your license for these offenses, just fines.

How Long Does a Moving Violation Stay On Your Record?

In North Carolina and most states, a moving violation will stay on your record for 3 years. If you do not receive any tickets during that time, the points on your license will be removed after the 3 year period is up.

While moving violations can vary in severity and complexity, it is always best to consult a legal professional. Here at WRD, we are here to answer any of your questions and handle any of your moving violations.