How do a moving violation and a nonmoving violation differ?

| Mar 15, 2019 | Traffic Violations

There are a number of different driving infractions that New Yorkers can be charged with. While these infractions can be classified into different types of actions, one of the most basic groupings that vehicle-based violations can take is either a moving violation or a nonmoving violation. This post will discuss the basic difference between these, but readers should seek the advice of their own attorney when it comes to preparing their traffic violation defenses.

A moving violation occurs when a driver is actually operating their car, truck, or other vehicle. It can involve speeding, such as when a driver is operating above the posted speed limit. Or, it can happen if a driver makes an illegal turn on a red light. Moving violations require motion in order to be alleged.

Conversely, a nonmoving violation does not involve actual motion. Nonmoving violations are often related to illegal parking situations, such as when someone parks in a no-parking zone or when they fail to feed the meter on their parking spot. Other conduct that does not involve the movement of a vehicle can be classified as a nonmoving infraction.

Both moving and nonmoving violations can be ticketed and are subject to penalties. They can both cause points to be charged to the records of drivers and may cause those drivers to lose their driving privileges. It is possible for drivers to contest the alleged moving and nonmoving violations that they have been charged with. Traffic violation defense attorneys can help them build cases to rebut the claims that have been made against them.