Should I Hire a Lawyer to Fight a Moving Violation?
If you happen to get stopped for a moving violation, is it worth hiring an attorney to fight it? This is a valid and very common question to ponder upon.
To better understand these circumstances, read here for more details.
Introduction
Getting pulled over while driving is never fun. Receiving a ticket for a moving violation is even less fun.
Maybe you were driving down the road listening to your favorite dance tunes, got carried away with the music, and started driving a little less cautiously. Maybe you had a bad day at work and were caught up in your anger and frustration that you started driving too aggressively. Or maybe you had a kid screaming in the backseat that you were trying to tend to while still keeping the car moving in a forward motion.
Your reason for getting pulled over does not matter as much as the fact that you violated the rules of the road.
If you have found yourself here, you could be asking yourself whether you should hire a lawyer to fight a moving violation. The answer is always yes.
What is a Moving Violation?
There are some tickets you can receive, such as a parking ticket, no proof of insurance, or a seatbelt violation, that are not considered moving violations. As its name suggests, moving traffic violations occur when the automobile is in motion.
Keep in mind that the classifications of specific violations will depend on your jurisdiction. Not all states, cities, and municipalities define all moving violations the same.
How Does a Moving Violation Differ from a Non-Moving Violation?
When you get pulled over and receive a ticket for a violation, there will be a consequence. That is unless you only receive a warning. What this penalty is and the severity of it will depend on the actual violation.
For moving violations, it is common to receive points on your driver’s license. How many points you receive will vary based on the incidence, but these points add up over time. Get too many and you could find that your license is suspended.
Non-moving violations do not often come with points on your license. Instead, these violations are often handled in various ways that don’t necessarily have a high negative impact on your life.
Common Moving Violations
There are all types of moving violations, some considered more dangerous than others. Though the actual classification of these moving violations is left up to the jurisdictions. As a general guide, below is a list of the most common moving violations in most jurisdictions.
- Speeding offenses
- Failing to yield to another vehicle that has the right-of-way
- Running through a stop sign
- Running a red light
- Driving without proper conditions on your license, such as a CDL
- Failure to signal when turning or changing lanes
- Following too closely
- Not wearing a seatbelt (highly dependent on your jurisdiction)
- Failing to stop for a stopped school bus
- Driving on the wrong side of the road
- Leaving the scene of an accident
- Failing to stop at a crosswalk with pedestrians
Depending on where you reside, texting or physically holding the phone to talk while you drive may also be considered a moving violation.
Moving violations happen every day. So, how do you know if your violation is serious or if you should hire an attorney?
Major Moving Violations
The most major moving violations occur when the chance of serious harm – to the driver or someone else on the road – is elevated. For instance, speeding tickets are fairly common. Throughout a lifetime, most drivers will have received one of these tickets. But going 35 MPH when the posted speed limit is 30 MPH is relatively minor. However, when you get pulled over for going 70 MPH in a 35 MPH zone, the penalty is sure to be much, much greater.
A violation of reckless driving is another one that is considered major. If you are acting recklessly on the road, you are putting everyone around you at risk. This charge usually comes when your driving is not showing any care or concern for the law or the property you come in contact with.
Penalties
As mentioned above, moving violations often result in negligent operator points on your license. These points will vary based on the offense and could be reduced if you choose to attend traffic school. You will have to speak to an attorney to gain a better understanding of how you can clear up the ticket without having too big of an influence on your driving record.
With the points, you may find that the court will issue you a fine to pay as well. Just like with the points, the amount of the fine will be in direct correlation with the violation. These amounts are usually pre-determined based on your moving violation and not necessarily decided by the court.
Moving Violations: A Ticket is Not a Conviction
Getting a ticket for a moving violation is not a conviction. Depending on the violation, you may face a fine and points on your license. Usually, you can take a traffic class and have the points removed. Once you pay the fine, you are good to go. Though, this may not be the case in your situation so speak to an attorney.
Or you can contest it. In this case, you do not pay the fine and you go to court to get the accusation of violation removed from your record.
Important note: If you pay your ticket, your conviction will be reflected on your record because you are admitting guilt.
Why You Should Act Right Away
You don’t want to risk losing your license or face an increase in your car insurance policy. The ticket you receive will have a court date on it. Act quickly in hiring an attorney who will help you contest the charges. Even if you know you are guilty, an attorney may be able to help you reduce your fines, reduce the number of points on your license, or allow you to take advantage of an alternative court-ordered driving school.
Showing up in the courtroom with representation makes a statement to everyone in the courtroom. Judges see a lot of traffic cases and those who take the step to hire an attorney can clog up the dockets with future hearings and trials.
Attorneys know the precedents and how to help you with your moving violation. Don’t chance it by going alone.
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