Moving violation vs. nonmoving violation in Virginia

Getting a traffic ticket is always frustrating but in Virginia the type of citation you receive makes a significant difference to your wallet your insurance rates and your driving record. Knowing the distinction between moving and nonmoving violations is vital because moving violations carry much harsher consequences for you in the Commonwealth. The most serious can even be a criminal matter.

Understanding moving vs. nonmoving violations

A moving violation is when you commit an infraction while actively operating your vehicle. If a court convicts a person of this type of violation, the Department of Motor Vehicles (DMV) assesses demerit points on their record. Examples include running a stop sign, speeding or reckless driving.

Moving violations can result in the assessment of three, four or six demerit points. Virginia drivers begin with a zero-point balance and can earn up to a positive five (+5) safe driving points. If you accumulate too many points, it can also lead to the suspension of your driver is license.

A nonmoving violation, on the other hand, is a breach of a traffic statute that does not result in the assessment of demerit points on the driver’s record. Examples are parking infractions, expired registrations or certain equipment defects.

The criminal threat of Reckless Driving

The lasting effect of a moving violation conviction in Virginia can affect your financial stability for years, even if it is just a single ticket for speeding.

A major consequence is that certain severe moving violations, such as Reckless Driving, are a Class 1 Misdemeanor. This is a criminal conviction, not a simple traffic infraction. This can result in significant fines (up to $2,500), possible jail time (up to 12 months) and a license suspension (up to six months).

Furthermore, a conviction stays on your driving record for 11 years. It also results in a permanent criminal record with extremely limited expungement options. By comparison, a nonmoving violation is generally a fine that must be paid. It does not typically impact your insurance rates or result in points against your license.

Preparing for your defense

If you receive a citation for a serious moving violation, your future requires careful consideration of the facts and the specific Virginia laws that apply to your case. Consider speaking with an attorney. A legal professional can review the circumstances of your case and explore available defense strategies.