Non-moving violations fall into 3 categories; equipment violations, paperwork violations, and parking violations. An equipment violation is a violation of a statute, ordinance, or rule relating to traffic movement and control that involves equipment, vehicles or their drivers, owners, or pedestrians, and miscellaneous offenses not categorized elsewhere. A paperwork violation is otherwise known as a traffic violation that occurs while the vehicle is not in motion. A parking violation is defined as the act of parking a motor vehicle in a restricted place or parking in an unauthorized manner. Obtaining the assistance of an attorney who has experience in non moving violation legal services can be beneficial when fighting traffic tickets.
Equipment Violations
Typical unlawful vehicle modifications include window tinting, removal of mufflers, lowering or raising of the vehicle, and addition of under vehicle neon lights. To avoid a mechanical violation, you need to ensure that your vehicle’s equipment is installed correctly and in proper working order. This includes windshields and windows, brakes, mufflers, mirrors, lights, horns, safety belts, reflectors, and tires. Penalties for unlawful modifications and/or mechanical violations usually result in a traffic ticket.
In many states, you can be issued what is known as a “fix it” ticket, which is a ticket that allows you to get the equipment fixed and have a law enforcement officer confirm that the violation has indeed been fixed. You need to read your ticket closely to determine if you need to simply mail in the Certificate of Correction or if you need to go to court in order to have the case dismissed. Most states allow you to drive your vehicle to your residence, place of business, or garage after receiving a traffic ticket for driving an unsafe vehicle. Other states, such as Oregon, do not allow you to operate a non-conforming vehicle at all and in this case you would need to have your vehicle towed. Driving or moving a motor vehicle in an unsafe condition is considered a civil infraction, and common equipment violations are listed below:
- Illegal Window Tint
- Defective Headlights, Taillights, and Turn Signals – broken or missing lights are considered primary offenses, meaning that police will pull you over for this reason alone.
- Expired, Improper, or Missing License Plate – if your license plate expired within the past 48 hours, sometimes police officers will let you off with a warning.
- Driving With Expired Registration Decal
- Improper Use of High Beams
- Possession of Radar Jamming Device – illegal in all 50 states.
- Defective Odometer/Faulty Speedometer
- Hazardous or Improperly Loaded Cargo – the Federal Motor Carrier Safety Administration (FMCSA) holds professional drivers and their employers accountable for these types of violations.
Paperwork Violations
Paperwork violations are considered civil matters, as they involve the vehicle’s actual owner, whereas moving violations involve the driver of the vehicle and not necessarily the vehicle’s owner. Driver’s license suspension and revocation information is shared among all 50 states, so if your driving privilege is revoked in another state you must follow that state’s reinstatement procedures prior to obtaining a new driver’s license. Common paperwork violations are outlined below:
- Expired Tabs/Registration – in most states, the penalties for driving a vehicle without valid registration increase the longer the registration has been expired. Some states offer grace period benefits, which vary from state to state. For example, Iowa, Oklahoma, and Colorado give you a 1-month grace period for expired registration; Texas gives you a 5-day grace period; and North Dakota does not give any grace period.
- No Proof of Insurance – state laws require drivers to carry proof of insurance while operating a motor vehicle. Driving a vehicle without proof of insurance can result in a hefty fine, usually between $200 and $1,000 per citation. If you are charged with no insurance or no proof of insurance, our experienced lawyers can help explain your options.
- Driving on a Suspended Driver’s License – the penalties for being caught driving on a suspended license vary from state to state. These penalties include substantial fines, up to 1 year in jail, community service time, added license suspension time, increased auto insurance rates, enrollment in alcohol and substance abuse or driver improvement classes, stricter DMV scrutiny, more points added to your driving record (if state-applicable), and possibly a felony charge.
- Driving with an Expired Driver’s License – the consequences of driving with an expired driver’s license include imposing late fees, required retesting (knowledge, road, and vision), hefty fines, points added to your driving record (if state-applicable), increased auto insurance premiums, arrest, and/or impoundment of vehicle. Alabama and Iowa offer 60-day grace periods for driving on an expired driver’s license, while Louisiana offers a 10-day grace period and Vermont offers a 14-day grace period. Hawaii offers a 90-day grace period, however Hawaii’s grace period does not include driving privileges. Our expert traffic ticket attorneys can provide you with legal assistance related to citations such as driving with an expired driver’s license.[/list]
Parking Violations
Parking violations are usually cited by a police officer or government official in the form of a traffic ticket. Different violations can affect your auto insurance in different ways, and each parking violation varies by state, insurance company, and by driving record.
The fine for a parking ticket often increases if the parking ticket is not paid by the stated due date and excessive unpaid parking tickets could eventually result in the suspension of your license as well as possible jail time. Usually parking ticket fines range between $30 and $100, where the severity of the infraction directly effects the parking ticket fine. For instance parking in front of a fire hydrant is more expensive than a parking ticket resulting from an overdue meter. In addition to the fine your car could end up with a boot on it or towed away, costing you additional money.
We have expert traffic attorneys available to speak with you within 72 hours who can provide you with legal advice for parking violations, the most common of which are outlined below:
- Double parking – there are 3 types of double parking infractions; parking parallel to a car already parked at the curb, double parking in attended car parks or garages, and multi-space parking. Punishments for double parking often include both a ticket and towing of the offending vehicle, at the cost of the driver.
- Parking on sidewalks denies access to people with disabilities, forces pedestrians to walk in the street, and results in permanent damage to sidewalks and curbs. If you are blocking the sidewalk, you can be cited for this type of ticket even if parked in your own driveway, as the sidewalk that crosses your driveway is not your property. Sometimes this can result in a more serious citation for causing an obstruction. Contact us to find out more about how our expert traffic lawyers can provide you with legal advice for parking infractions.
- Parking in a prohibited space, most commonly in front of a bus stop, fire hydrant, tunnel, or bridge is a citable traffic offense in every state. Parking outside of marked lines, parking at curb locations designated as passenger, police, government, or commercial zones or parking on certain streets during a snow emergency are also citable infractions.
- Parking at a parking meter without paying, or remaining parked at a parking meter after it has expired are both citable non-moving violations. Parking meters are not enforced on Official City Holidays. In addition to fines, vehicles with numerous outstanding parking citations are subject to booting.
- Parking in a handicapped or disabled zone without the appropriate permit is a non-moving violation that usually results in a ticket and hefty fine.
