Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer, Get an Answer ASAP!

Moving Violation Questions

Moving violations are the result of violating a driving law while the vehicle is in motion. The word "motion" separates the violation from other traffic violations such as parking tickets, no insurance tickets, not registering your vehicle, etc. A few examples of moving violations are; reckless driving, DWI, running a red light, and changing lanes without the use of a turn indicator. Because there are many different types of moving violations, the outcome of each violation usually depends on how severe the infraction is. To learn more about moving violations, you can take a look at the following questions that have been answered by Experts.

I received a moving violation in Las Vegas. The citation has the wrong name, wrong car, wrong address, and wrong time, as well as the wrong charge as I was stopped at red at a red light. Can I get this dismissed?

With all of the information not matching you or your vehicle, it would be hard to attach you to the citation, especially if the license plate number was wrong. You would probably be able to argue that if police officer was unable to document the correct information, he probably had the events confused as well. However, the judge would have the final say in this situation. From all of the mistakes made on the citation, it would appear that you would probably have a good chance of having the ticket dismissed.

The charge would probably still apply to you considering the officer was pursuing you as you came to a stop at the red light. It is possible that the judge would find the charge of a moving violation was proper, therefore would agree to the citation. While there are many mistakes on the moving violation, you may still consider hiring an attorney. With the assistance of an attorney, you may be cleared of the charge as well as protect your driving record and insurance.

I got a moving violation ticket 3 months ago and just found out I have 1 DMV count on my record. How can I get this removed?

If the ticket has been paid, the only option you have is to wait the 3 year period for the moving violation to go off your record. Generally, if a person has no moving violations on their record for 18 months prior to a new ticket, they would be allowed to go to traffic school. By doing this, there would be no points on that person's record. Since you have already paid the ticket, you have missed that opportunity. There is a slim change that you could go before the traffic court judge. If you can arrange a meeting before the judge, you could ask to remove your guilty plea and ask to be allowed to take the traffic course and have the points removed from your record.

Can you get a moving violation or any ticket while driving on private property or on a parking lot of a shopping center?

An officer can write a drunken driving ticket merely by you sitting behind the steering wheel of your vehicle. Your car doesn't even have to be turned on in order to get the ticket. So, in essence, you can receive a moving violation ticket while not actually be moving. Generally, an officer wouldn't write a citation if you are sitting in your driveway, however, it would depend on the circumstances. The majority of the rules of the road pertain to highways or other public access roads. The owners of a shopping center generally sign a statement that allows police officers to issue tickets to vehicles while on the shopping center's parking lot.

How long does a moving violation ticket stay on your driving record in NY?

A moving violation ticket in NY will remain on your driving record for 3 years from the time you are found guilty of the charge. This means if you are found guilty of the moving violation in July, the charge will remain on your driving record for the remainder of that year and for the following 3 years afterward. On January 1st of the fourth year, the DMV will take the charge off of your driving record.

My son was issued a moving violation for traveling in excess of 90 miles an hour. This is his first violation, but he was issued a court summons rather than a speeding ticket. What should we do?

Your son probably won't face a felony charge. It may be a possibility that he will receive a misdemeanor. You may want to hire an attorney who can work a deal with the prosecutor to lower the fine or charge since this is your son's first offense. You want to find an attorney who is familiar with the court in question. More than likely, your son will have to attend a driving class.

Moving violations occur while you are driving, opposed to other types of violations such as parking violation, improper insurance violation and invalid registration on a vehicle. Some moving violations are simple ticket fines while others may result in felony convictions. If you have questions about a moving violation, you should ask an Expert for legal insight and answers.

Please type your question in the field below

3 verified Lawyers are online now

Lawyers on JustAnswer are verified through an extensive 8-step process including screening of licenses, certifications, education and/or employment. Learn more

Online
Tina

Lawyer

Doctoral Degree

★★★★★
8775 positive reviews
Online
Ely

Counselor at Law

Juris Doctor

★★★★★
24048 positive reviews
Online
INFOLAWYER

Attorney

Juris Doctor.

★★★★★
19870 positive reviews
See all Lawyers
JustAnswer in the news:
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
Web sites like justanswer.com/legal
...leave nothing to chance.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.