What Are Some Non-Moving Violations in Virginia?

Minor parking or speeding tickets do not drastically affect a driving record or have high fines. However, a series of traffic violations over time can affect both your license and your insurance.

Moreover, nonmoving violations are pretexts for police action. Even if you’re in a public parking lot, an officer can issue a citation and investigate possible criminal activity. If Tony parks illegally, an officer approaches him about the parking issue, and an officer detects an odor of alcohol in the car, Tony could end up facing DUI charges.

For these reasons, a nonmoving violation is nothing to be taken lightly. The good news is that these charges are relatively easy to resolve, at least in many cases. A Leesburg criminal defense lawyer doesn’t have a magic wand that can make the case disappear. But in many cases, after the final resolution, the matter is all but forgotten.

What are Non-Moving Violations?

Non-moving violations occur when a vehicle not in motion breaks traffic code. These violations are usually related to parking negligence or defective vehicle equipment. Several examples of non-moving violations include:

• Parking in front of a fire hydrant,
• Displaying an expired registration or insurance card,
• Lack of registration or insurance,
• Parking in a “no parking” zone,
• A broken taillight, and
• Vehicle maintenance issues.

Non-moving violations can also include offenses that occur when a vehicle is in motion, including driving without a seatbelt or driving with malfunctioning vehicle equipment, such as a broken taillight. Unlike moving violations, non-moving violations are not representative of the quality of your driving or whether you were driving recklessly. Instead, they most often involve technical issues. Therefore, you will not accrue points on your license for non-moving violations.

What Happens After I Get a Non-Moving Citation?

Usually, the answer to this question depends on whether the non-moving violation was a maintenance issue or a parking issue.

Maintenance issues include not only vehicle problems, like bad breaks, but also inspection/registration issues. Generally, if the driver provides proof of compliance by a certain date, the judge dismisses the ticket.

Commercial drivers should be aware that the citation could still appear on their SMS (Safety Measurement System) reports. These reports usually draw on law enforcement records, not judicial records. A high SMS score increases insurance rates, often to the point that insurance becomes unaffordable.

Parking and other such issues aren’t subject to fix-it tickets. However, prosecutors are usually more than willing to offer pretrial diversion in these matters. If the driver doesn’t get any more tickets and completes other program requirements, prosecutors dismiss the case.

Nonmoving Violations and FTA Warrants

A few final words about failure-to-appear warrants. If the driver doesn’t hire a Leesburg criminal defense lawyer and take care of the ticket, even if it’s for a nonmoving violation, the judge will most likely issue an arrest warrant.

These warrants have no statute of limitations or expiration dates. They’re valid until served. It’s very common for drivers to be arrested for outstanding warrants that are more than five years old.

Drivers should be proactive in these cases. Usually, a lawyer can lift the warrant without going to court. Then, once the case is back on the docket, it’s usually so old that the officer who issued the citation has left the force. At that point, the state has no witness and therefore no case.

Connect With a Diligent Loudoun County Lawyer

There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. Convenient payment plans are available.

Source:

experian.com/blogs/ask-experian/which-traffic-violations-increase-your-insurance-rates/

Disclaimer: This memorandum is provided for general information purposes only and is not a substitute for legal advice particular to your situation. No recipients of this memo should act or refrain from acting solely on the basis of this memorandum without seeking professional legal counsel. Simms Showers LLP expressly disclaims all liability relating to actions taken or not taken based solely on the content of this memorandum.