What Is Considered a Moving Violation?

A moving violation occurs when a vehicle in transit breaks a traffic law.

A moving violation is any traffic law violation that occurs while a vehicle is in motion. Because of increased safety risks, moving violations carry with them higher penalties than are assigned to non-moving violations such as parking tickets.

Types

Moving violations can be infractions, misdemeanors or Class C felonies. Although each state determines what category a moving violation falls in, an infraction is typically a minor offense, such as running a red light. A misdemeanor is more serious and can include driving under the influence of drugs or alcohol, and a felony violation, such as vehicular homicide, is the most serious.

Assigning Fault

While the driver is most often the individual cited in a moving violation, if law enforcement captures the violation on videotape, the vehicle's owner is the individual cited, whether or not he is the responsible party.

Penalties

Most penalties involve a fine and the assigning of demerit points. Serious moving violations can also result in jail time.

Consequences

Moving violations become part of your driving record for a period determined by the state in which you live. Consequences can include increased insurance rates and loss of driving privileges if enough demerit points accumulate.

Considerations

Keep in mind that potential employers may request access to your driving records as part of a pre-employment background check.

References

• California Vehicle Code: Moving Violations
• Law Info Resources: Infraction, Misdemeanor or Felony-What's the Difference
• FindLaw: Traffic Ticket Overview

Resources

• Texas Department of Public Safety: Examples of Moving Violations
• Find Law: Traffic Tickets Frequently Asked Questions