Table of contents:
Definition of Moving Violation
A moving violation is a traffic offense that occurs while a vehicle is in motion. It is distinguished from a non-moving violation, which occurs while a vehicle is parked or stopped.
Moving violations can range in severity from minor infractions, such as speeding, to more serious offenses, such as reckless driving or running a red light.
Types of Moving Violations
- Speeding
- Reckless driving
- Running a red light
- Driving under the influence of alcohol or drugs
- Tailgating
- Failure to yield
- Improper lane change
- Distracted driving
- Aggressive driving
Penalties for Moving Violations
Moving violations are traffic offenses that involve a vehicle being in motion. Penalties for moving violations vary depending on the severity of the offense, but they can include fines, points on a driver’s license, and even jail time.
The severity of a moving violation is typically determined by the speed at which the vehicle was traveling, the type of violation that was committed, and whether or not there was any property damage or injuries involved. Some common moving violations include speeding, running a red light, and driving under the influence of alcohol or drugs.
Fines
Fines for moving violations can range from a few hundred dollars to several thousand dollars, depending on the severity of the offense. In some cases, drivers may also be required to pay court costs and other fees.
Points on a Driver’s License
Moving violations can also result in points being added to a driver’s license. Points stay on a driver’s record for a certain number of years, and they can lead to a driver’s license being suspended or revoked.
Jail Time
In some cases, moving violations can result in jail time. This is typically only the case for serious offenses, such as driving under the influence of alcohol or drugs or causing an accident that results in serious injury or death.
Defenses to Moving Violations
Moving violations are traffic offenses that can result in fines, points on your driving record, and even license suspension. However, there are a number of defenses that you can raise if you are cited for a moving violation.
Mistaken Identity
One common defense to moving violations is mistaken identity. This defense is based on the idea that the police officer who cited you made a mistake and that you were not actually the one who committed the violation. If you believe that you have been the victim of mistaken identity, you should contact an attorney as soon as possible.
Equipment Malfunctions
Another common defense to moving violations is equipment malfunctions. This defense is based on the idea that your vehicle’s equipment was not working properly at the time of the violation. If you believe that your vehicle’s equipment was malfunctioning, you should gather as much evidence as possible to support your claim. This evidence could include receipts from repairs, statements from mechanics, or even photographs of the malfunctioning equipment.
Emergency Situations
In some cases, you may be able to defend yourself against a moving violation by arguing that you were in an emergency situation. This defense is based on the idea that you were forced to violate the law in order to avoid a greater harm. For example, if you were speeding because you were rushing to the hospital to see a sick child, you may be able to use this as a defense to a speeding ticket.
If you are cited for a moving violation, it is important to remember that you have the right to defend yourself. There are a number of defenses that you can raise, and an attorney can help you determine which defense is most likely to be successful in your case.
Hiring a Moving Violation Lawyer
Hiring a moving violation lawyer can be beneficial for several reasons. First, a lawyer can help you understand the charges against you and the potential consequences of a conviction. Second, a lawyer can negotiate with the prosecutor on your behalf to try to get the charges reduced or dismissed. Third, a lawyer can represent you in court if necessary.
When choosing a moving violation lawyer, it is important to look for someone who has experience handling these types of cases. You should also make sure that the lawyer is licensed to practice law in the state where you were cited.
The cost of hiring a moving violation lawyer will vary depending on the lawyer’s experience, the complexity of the case, and the location of the court. However, it is important to remember that hiring a lawyer can save you money in the long run by helping you avoid a conviction or by getting the charges reduced.
Qualities to Look for in a Moving Violation Lawyer
– Experience handling moving violation cases
– Licensed to practice law in the state where you were cited
– Good reputation
– Reasonable fees
Costs of Hiring a Moving Violation Lawyer
– Varies depending on the lawyer’s experience, the complexity of the case, and the location of the court
– Can save you money in the long run by helping you avoid a conviction or by getting the charges reduced
Consequences of Not Paying a Moving Violation
Failing to pay a moving violation can result in severe consequences that can impact your driving privileges, finances, and even your freedom.
Depending on the severity of the violation and your jurisdiction, you may face the following consequences:
Late Fees and Penalties
Most jurisdictions impose late fees for overdue moving violations. These fees accumulate over time, making the total amount owed even more substantial.
License Suspension
In many states, failure to pay a moving violation within a certain timeframe can lead to the suspension of your driver’s license. This can significantly impact your ability to drive to work, school, or other essential destinations.
Arrest and Imprisonment
In some cases, particularly for serious moving violations, failure to pay can result in an arrest and imprisonment. This is especially true if you have multiple unpaid violations or if you have a history of failing to appear in court.
Options for Paying a Moving Violation
There are several options for paying a moving violation:
- Online: Many jurisdictions offer online payment options through their court websites.
- Mail: You can mail a check or money order to the court address provided on your citation.
- In person: You can pay in person at the courthouse or other designated payment location.
It is important to pay your moving violation promptly to avoid the potential consequences. If you are unable to pay the full amount immediately, you may be able to request a payment plan from the court.
