Comparing Moving Violations and Nonmoving Violations
Provided by HG.org
Traffic and parking violations constitute the majority of all tickets owners of vehicles incur with local and state law enforcement. However, the differences between the moving and nonmoving violations could lead to the possibility of minimal repayment or punishment or severe consequences depending on what the driver or owner has done.
Most traffic tickets issued to offenders are strict liability. Without any criminal intent behind the action, the conviction of the person occurs easily with a guilty pleading. Usually, the penalties are minor or minimal based on the state and the specific violation of traffic laws. With traffic cameras and photographic evidence, there is little else needed to prove that the person did perform the offense. These usually include speeding, failures to use turn signals and yield, wrong lane driving, lights broken or not working, parking tickets for various reasons and moving violations. Some of these also involve nonmoving violations. It is important to know the difference.
Moving Violations Explained
Any time a person is driving and breaks traffic laws, he or she is performing a moving violation. These are most often accomplished through speeding. However, the person may also run through s stop sign, drive through a completely red light at an intersection, drive while consuming drugs or drinking alcohol and similar actions. When the vehicle is in motion already, a moving violation could occur through numerous local and state laws that are not necessarily the same throughout the entire country. It is important for each driver to know what constitutes a broken traffic law in his or her state or home town.
Nonmoving Violations Explained
When a person is not driving but still violating traffic and vehicle laws, he or she commits a nonmoving violation. These generally incur fewer penalties, but excessive or unresolved tickets could lead to time in jail and expensive fines. These usually occur when the person is parked or has some form of faulty equipment such as a taillight or cracked windshield. Parking in zones prohibited by all drivers leads to tickets issued. These zones are near fire hydrants, in handicapped spots and when the person has already parked near a meter, but it expires. Other nonmoving violations could include excessive noise from various parts of the car, failed emissions tests and expired tags when parked.
Processing Traffic Tickets Explained
When a person receives a traffic ticket for moving and nonmoving violations, he or she needs to resolve the matter. Based on the state or local area, he or she may need to travel to the courthouse or call the number on the ticket. Pleading guilty is usually what occurs in most tickets, but some feel they receive these through invalid methods. Fighting against the fines is possible through legal support or defending against them in court. In most cases, there is no need for a trial, incarceration or unreasonable fines. However, the longer a ticket goes unresolved, the greater the consequences may exist.
Implications of Traffic Tickets
While most traffic tickets do not incur serious penalties, it is possible for a person to face an increase in his or her insurance premiums. The carriers often have a different sort of point system that some states possess with offenses. The more points accrued by the driver, the worse his or her consequences. This usually starts with an increase in monthly payments. However, with enough of these points, the individual may lose his or her coverage. Others may need special conditions that increase costs for so long. These may transfer to another insurance company as well.
Some traffic violations have greater penalties than others. This is especially important when facing the consequences. If the driver has left the scene of an accident, is part of a hit and run or killed a person while driving, he or she could face jail or even prison. However, even when criminal charges are necessary, the person has the option to hire a lawyer for defense against the violation. This could also lead to a jury trial. It is important to avoid these situations if at all possible. By communicating and resolving the traffic ticket before the deadline, the driver may prevent potential disaster.
Hiring a Traffic Ticket Lawyer
To avoid jail and prison terms through traffic violations, the individual may need to hire a lawyer. When the penalties are severe, the legal representative will ensure the rights of the client are not in violation. This could lead to fewer fines and lesser penalties depending on the circumstances.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.