What Is a Moving Violation? What You Need to Know About Your Ticket

Traffic citations are easily the most commonly ticketed offense in New Orleans and throughout the nation. However, traffic citations vary by offense, especially with regard to consequences. The law divides traffic tickets into moving violations and non-moving violations. So, what is a moving violation? Below, we take a closer look at moving violations, provide examples, discuss potential penalties, and why you should fight a moving violation with a traffic ticket lawyer.

What Is a Moving Violation?

The definition of a moving violation is inherent in its name. Moving violations occur when a driver breaks the rules of the road while operating a motor vehicle. In contrast, non-moving violations refer to citations related to a vehicle not in motion. Drivers who illegally park their vehicle, fail to register their vehicle, or do not carry proper insurance risk receiving a non-moving violation ticket. Moving violations can include minor infractions like making an illegal turn or major violations such as drunk driving.

More Examples of Moving Violations

Drivers in New Orleans can receive a traffic citation for a wide range of minor and major moving violations. Examples of moving violations include:

• Driving over the posted speed limit
• Driving too fast for weather, road, or traffic conditions
• Running a stop sign or stoplight
• Failure to use turn signals
• Following another vehicle too closely (tailgating)
• Driving under the influence of controlled substances
• Failure to yield right of way to pedestrians, cyclists, and other motorists
• Failure to use a seatbelt
• Failure to comply with child safety laws for seat belts, car seats, booster seats, etc.
• Driving without a valid driver’s license or with a suspended license
• Texting or checking email while driving
• Vehicular manslaughter
• Using a vehicle to commit a crime
• Leaving the scene of a car accident
• Drag racing and other reckless driving
• Failure to pull over for a police officer

Consequences of Moving Violations

Those who receive a traffic citation for a moving violation face various penalties depending on the severity of their violation and whether they have had previous moving violations. The most common penalties for moving violations in New Orleans include:

Fines

The state increases fines on occasion, so amounts can vary. However, speeding less than 10 miles per hour over the speed limit is typically the lowest fine at a little under $200, while causing bodily harm or death to someone else can result in up to a $5,000 fine. Fines for speeding tickets increase with speed; going more than 20 miles an hour over the speed limit requires a court appearance where a judge will decide the fine. Most fines for moving violations fall between $200 and $600 unless bodily harm occurs or a driver is texting. Fines related to texting and driving typically begin at $500 and go up with repeat offenses. Any moving violation that results in a car accident carries double the fine.

Driver’s License Suspension/Revocation

Louisiana works differently than many other states. They do not have a point system attached to driver’s licenses. In most states, drivers who get convicted of a moving violation receive points against their driver’s license; major moving violations are worth more points than minor violations, and once a driver reaches a certain number of points, they lose their license for a specified time. Instead, Louisiana participates in the Problem Driver Pointer System (PDPS).

The PDPS is part of the National Driver Register and keeps data on driver’s license history from all states. The data includes suspensions, revocations, and traffic offenses attached to a driver and their Louisiana driver’s license. If the state finds a driver has had too many moving violations, they will suspend or revoke a driver’s license. However, there isn’t a specific point threshold.

Jail Time

The most severe moving violations can come with jail time. In some cases, a judge has discretion on whether to force someone to go to jail. Other times, certain moving violations carry minimum jail sentences if convicted. For example, speeding tickets carry up to a 30-day jail sentence in Louisiana, and a reckless driving conviction can land someone in jail for up to 90 days. Louisiana drivers convicted of vehicular manslaughter face a minimum of three years in prison but could serve as many as 30 years.

Fight Your Ticket With a Traffic Ticket Lawyer

Some people choose to pay their citation after receiving a ticket. This is an acceptance of guilt that is akin to pleading guilty in front of a judge. It’s always worth your time to consult with a traffic ticket lawyer after receiving a citation. Even minor citations can add up, putting you at risk for suspension and increased insurance premiums. Driving is necessary for most employment, transporting kids to and from school, and shopping for household needs. Fighting your ticket with a traffic ticket lawyer can protect you from losing your privileges, paying excessive fines, and sometimes serving jail time. Contact a lawyer today for a free consultation and to learn more about your options.