A non-moving traffic violation is given when a violation is committed in a car that is not moving--rather obviously! Moving violations are considered more severe and come with higher fines and penalties than non-moving violations. Moving violations additionally cause "points" to be added to your driver's license which could result in your license being suspended or revoked if you acquire enough points and increases in your insurance premiums. A moving violation could be running a red light, speeding, or DUI/DWI. A moving violation usually targets the person driving while a non-moving violation targets the vehicle itself. A non-moving violation is for less serious offenses such as:
- Parking more than 18" from the curb
- Parking in front of a fire hydrant
- Parking in a no-parking zone
- Parking in a handicapped space
You can also receive a non-moving violation while your car actually was in motion. These charges include:
- Failure to wear a seatbelt or wearing it improperly
- Illegal lights on your car, or having a busted tail light
- Having window tinting that is darker than legally allowed.
These charges are generally given after the officer has pulled you over for a typical moving violation such as speeding, then added non-moving violations on top of the original charge.
Should I Fight the Ticket?
If you have received a non-moving violation that does not result in points being added to your license, your insurance rates being raised or stiff fines, you may be better off to just pay it and move on. However, if you feel the non-moving violation was really unfairly given, or if it does add points, raise your insurance or cost you a bundle, consider having your day in court.
If you decide to fight your non-moving violation it would be a good idea to go to court and watch the judge you will be going in front of. See how he handles cases similar to your, watch carefully how he reacts to the people who are contesting the tickets and notice how he relates to the police officers. If it is blatantly obvious that he always sides with the police officer no matter what the evidence in front of him, you probably don't stand a chance and should just pay the ticket. If, on the other hand, he appears to really listen to both sides of the issue and rules in a fair and just manner, you probably stand a good chance of winning your case and getting the ticket dismissed.
Once you have made up your mind to fight your non-moving violation, you will contact the court and have a court date set. Whatever you do, don't be late, do be well-dressed and clean, and do be very respectful and polite to the judge. This hugely increases your chances for getting your ticket dismissed. If you feel strongly that you did not in any way deserve the ticket, you should probably hire an attorney to fight for you. It may end up costing you more money than it would to pay the ticket, but the cost savings in insurance and potentially saving your license may be worth it.
