What is a Moving Violation?

what is a moving violationA “moving violation” is a particular type of traffic violation which results in a “p0int” going on your DMV record if you are convicted of that offense.

If you get too many points on your DMV record within a certain period of time, then you can get your license suspended for being what the DMV refers to as a “negligent operator.”

The DMV allows 4 points in 1 year, 6 points in 2 years, and 8 points in 3 years before suspending your license for being a negligent operator.

A negligent operator suspension usually lasts about 3 months, but can be more or less in certain circumstances.

If you continue to drive after your license has been suspended for being a negligent operator, you will be at risk of driving with a suspended license.

How Do I Know if My Traffic Ticket is a Moving Violation Ticket?

Different states count different offenses as moving violations. In California where I practice law, offenses such as speeding, running a red light or stop sign, and crossing over a double yellow line are all moving violations in California.

There are many other types of traffic tickets which are moving violations in California. You can check whether the offense you are charged with is a moving violation on the Los Angeles bail infraction schedule here.

In that document, the offenses with an exclamation point next to them (!) indicate the offense will result in one or more points on your DMV record if you are convicted of that offense.

Are There Other Consequences of Getting Moving Violations?

Besides getting closer to a negligent operator suspension, another consequence is increased car insurance premiums.

Insurance carriers get access to your DMV report and will use points on your DMV record in their underwriting process, which means the insurance carrier will raise your insurance premium.

Because I am also an expungement attorney, I receive many inquiries about “expunging” points off of DMV records in order to decease insurance premiums.

However, a DMV record cannot be expunged. Once you receive a point on your DMV record, it will stay there forever. Insurance companies will usually consider DMV points for up to 3 years, and employers’ requirements vary but some employers will look at your DMV report going 10 years back.

The types of cases that can be expunged are court cases, not DMV records. If you have a felony or a misdemeanor on your criminal record, you may be entitled to get an expunged misdemeanor or a felony expungement.

But unfortunately, DMV records, DMV points, and traffic convictions which appear on your DMV record cannot be expunged.

What Do I Do if I Received a Moving Violation Ticket?

If you received a moving violation ticket, you can pay a traffic ticket and complete traffic school in order to keep the point from going on your record.

You are only eligible for traffic school once every 18 months.

Also, commercial drivers are now eligible for traffic school, but only for the purposes of not counting a point toward a negligent operator suspension.

This means if you are a commercial driver and you take traffic school, the point can still be counted against you for insurance purposes and raise your insurance premiums.

If you are not traffic school eligible, it makes more sense to hire a traffic ticket attorney to help you fight the charge to get the offense dismissed or amended to a non-moving violation, which would prevent any adverse consequences on your DMV record.

Get Help if You Are Not Traffic School Eligible

If you are not traffic school eligible either because you’ve used traffic school in the past 18 months or are being charged with a two-point violation (two-point violations are not eligible for traffic school regardless of whether you’ve gone in the past 18 months), it makes more sense to hire a traffic ticket lawyer for assistance.

If you would like a free consultation with me personally, click here:

By |2018-06-13T14:54:10+00:00January 5th, 2013|

About the Author:

Paul Denni is the Founder and Managing Attorney at California Legal Defense, Inc. He blogs about legal issues affecting his clients.