Moving Violations vs. Non-Moving Violations: What's the Difference?
Understanding the distinction between moving violations and non-moving violations is crucial for drivers in Kansas and elsewhere. These two categories of traffic offenses carry different legal implications, penalties, and effects on your driving record and insurance rates. Knowing how each type of violation is classified can help drivers better navigate the legal system, avoid more severe consequences, and even contest tickets more effectively.
What is a Moving Violation?
A moving violation occurs when a driver violates traffic laws while their vehicle is in motion. These violations are often more severe because they have a direct impact on the safety of other road users. Common examples of moving violations include:
Speeding: Exceeding the posted speed limit.
Running a red light or stop sign: Failing to stop at a traffic signal or stop sign.
Reckless driving: Driving with a willful disregard for the safety of others, such as weaving through traffic or tailgating.
Drunk driving (DUI): Operating a vehicle under the influence of alcohol or drugs.
Improper lane changes: Failing to signal or changing lanes unsafely without regard for surrounding traffic.
Moving violations are considered more serious because they indicate dangerous driving behaviors that could lead to accidents, injuries, or fatalities. As such, they typically come with higher fines and stiffer penalties compared to non-moving violations.
What is a Non-Moving Violation?
A non-moving violation, despite the name, can occur while the vehicle is in motion or stationary. These violations do not directly involve the driver's behavior in relation to the movement of the vehicle but focus on compliance with vehicle laws and regulations. Common examples of non-moving violations include:
Driving without a seatbelt: Failing to wear a seatbelt, which is required by law in most jurisdictions.
Using a cell phone while driving: Engaging in distracted driving, such as texting or calling without hands-free equipment.
Expired vehicle registration: Failing to renew your vehicle’s registration by the due date.
Broken taillights or headlights: Operating a vehicle with faulty or non-functioning lights.
Invalid or missing license plates: Driving a vehicle without proper identification tags or with expired plates.
Non-moving violations are typically administrative in nature and less serious than moving violations. However, they are still enforceable by law and can result in fines or other corrective actions, such as fixing a broken light or renewing your vehicle registration.
Penalties for Moving Violations
Moving violations generally come with more severe penalties due to the potential safety risks they pose. Here are some typical penalties associated with moving violations:
Fines: Most moving violations carry hefty fines, which increase depending on the severity of the offense. For instance, speeding tickets vary in cost based on how far over the speed limit you were driving.
Increased Insurance Premiums: One of the most immediate financial impacts of a moving violation is the likely increase in your auto insurance rates. Insurance companies view moving violations as an indication of risky driving behavior, and even a single speeding ticket can lead to higher premiums.
Points on Your Driving Record: Moving violations are often recorded on your driving record, and points may be assessed based on the severity of the violation. Accumulating too many points can lead to further penalties, such as the suspension of your license.
License Suspension or Revocation: For more serious offenses like reckless driving or driving under the influence, you may face a suspended or revoked license.
Community Service or Jail Time: In extreme cases, such as multiple DUI offenses or causing an accident while speeding, you could be sentenced to community service or even jail time.
Penalties for Non-Moving Violations
Non-moving violations typically result in less severe penalties than moving violations. In most cases, the penalty is simply a fine. However, certain violations may also require you to take additional corrective measures:
Fines: Most non-moving violations come with a smaller fine compared to moving violations. For example, you might be fined for driving with an expired registration or not wearing a seatbelt.
Correcting the Violation: In some cases, the violation must be remedied. For instance, if you receive a ticket for a broken taillight, you’ll be required to fix the light and possibly provide proof of repair to the court.
No Impact on Insurance: Non-moving violations generally do not affect your auto insurance rates. Because they do not involve dangerous driving behavior, insurance companies typically do not penalize drivers for these infractions.
Unique Penalty Scenarios: Speeding Tickets as Non-Moving Violations
Interestingly, there are certain cases where a speeding ticket—normally a moving violation—can be categorized as a non-moving violation under Kansas law. This classification can significantly reduce the impact of the ticket, including fines and insurance increases.
6 MPH Buffer
If you receive a speeding ticket for driving 6 MPH over the speed limit in an area where the posted limit is between 30 and 50 MPH, the violation will not be considered a moving violation. This allows the driver to avoid some of the harsher penalties typically associated with speeding tickets, such as points on their record or increased insurance rates.
10 MPH Buffer
Similarly, if you are ticketed for driving 10 MPH over the limit in areas where the speed limit is between 55 and 75 MPH, the ticket is also categorized as a non-moving violation. This buffer helps drivers avoid the serious consequences that usually come with speeding violations.
These buffers are unique in that they offer Kansas drivers some flexibility when it comes to minor speeding infractions. While the driver may still have to pay a fine, the violation will not impact their driving record or insurance premiums.
Conclusion: Moving Violations vs. Non-Moving Violations
In summary, the key difference between moving violations and non-moving violations lies in the nature of the offense. Moving violations occur when the vehicle is in motion and typically involve unsafe driving behavior, resulting in more serious penalties such as fines, points on your driving record, and increased insurance rates. Non-moving violations, on the other hand, often relate to administrative or regulatory failures and usually result in smaller fines and corrective measures, with little to no impact on your insurance.
Do You Need Help Contesting a Traffic Ticket?
Whether you’ve been cited for a moving violation or a non-moving violation, it’s important to understand your rights and options. If you’re facing a traffic ticket and need assistance, our experienced attorneys are here to help. Contact us through our website or call us at (913) 451-9500 to schedule a free phone consultation today!