Determining whether a traffic violation is “moving” or “non-moving” may seem obvious, but it’s not always a straightforward question of whether the vehicle was in motion. “Non-moving” is basically a legal term that indicates a violation is exempt from certain penalties and recording measures. This article explains the differences between the two types of traffic tickets.
Moving Violation Tickets
Most traffic violations are considered moving violations. Speeding, reckless driving, stop-light violations, and tailgating are all moving violations. But a violation is often designated as a moving violation due to its severity, not the movement of the vehicle. For example, having a fake license plate is a moving violation in many states, though the violation doesn’t require the actual operation of the vehicle.
The “moving” designation is vital because of how it is recorded and reported. All tickets and convictions are generally recorded in some sort of government database. However, it’s generally only moving violations that are reported to the state’s DMV. In most states, the DMV keeps track of moving violations with a demerit point system. Drivers who accumulate too many points face driver’s license suspension and other consequences. Points can also lead to increased insurance rates.
Also, moving violations typically carry higher fines than non-moving violations. For example, tickets for moving violations like speeding and reckless driving can end up costing hundreds of dollars, whereas a non-moving violation usually carries a fine of less than $100.
Tickets for Non-Moving Violations
Common non-moving violations include cracked taillights, improper parking, and other minor equipment deficiencies. However, in many states, driving-related offenses like distracted driving (texting or using a cellphone while driving) and not wearing a seatbelt are also considered non-moving violations.
Non-moving violations generally aren’t reported to the DMV and won’t result in points. So, these violations typically won’t affect insurance rates. However, the driver will still have to pay a fine, which is generally less than $100.
Handling a Ticket
Each state designates moving and non-moving violations differently. For example, driving with canceled registration is a moving violation in North Dakota, but not in Washington. This can affect how the violation is reported and whether it can affect driving privileges and insurance rates. So, before you mail in the fine for a minor infraction, you may want to talk to an attorney about the possible consequences of handling your ticket this way.