Moving Violation Related Questions
Can a person lose points on their driver’s license from a moving violation? Do you need to know if you need a lawyer to fight a moving violation ticket? A moving violation a traffic offense that is committed while a vehicle is in motion. Points are added to the driver's record for each moving violation. When a driver exceeds the legal number of points for his/her state, suspension or revocation of the driver's license will occur. If you have concerns about moving violations, you want information from a professional rather than suggestions from friends or family. Read below where Experts have answered questions regarding moving violations.
Can points be avoided if someone gets a moving violation from South Carolina but lives in Pennsylvania?
In order to avoid points on a driving record, the person would have to go to South Carolina and appear in court to make a plea agreement for a reduction from a moving violation down to a non-moving violation and pay the fine. Another option would be to ask for a deferred disposition. This means the moving violation would remain off the driving record and wouldn't be reported to Pennsylvania if the driver doesn't get another ticket for one year. Either option could help keep the points off of a driving record. However, if the person just pays the ticket, the points would be reported to the driver's state and points would be applied. If the driver is unable to make a court hearing out of state, a local attorney could be hired to handle the court proceeding.
Should a lawyer be hired for a speeding and no insurance ticket?
If the driver was to get car insurance before the court date, the judge may be lenient and dismiss the ticket. Although each judge is different and the driver could be charged for lack of insurance at the time of the traffic stop which is known as a moving violation. Some states consider moving violations very serious and may have a zero tolerance rule. A driver could face a fine, suspension of driver's license, community service and points on the driving record.
Is it possible to have a ticket for 89 mph in a 55 mph zone lowered?
The chance of having such a moving violation lowered would be up to the judge. Factors that can affect the outcome include but are not limited to:
- Plea agreement,
- prior driving record, and/or
- reason for speeding.
A driver with a clean driving record may be able to ask for driving classes instead of a moving violation that would cause points to be added on the driver's record. The driver may have a hard time trying to convince a judge to reduce the charge with a speeding ticket 34 mph over the posted speed limit. In a case such as this, consulting with an attorney for representation may be necessary. An attorney may find a legal loop hole to have the violation dismissed. The attorney can determine if the driver should ask for a plea agreement or go to trial. The officer who wrote the ticket would have to appear in court. If the officer doesn't appear, the moving violation will be dismissed unless there is a request for a continuance.
Is it beneficial for insurance purposes to go to court with a ticket for going 52 in a 35 mile zone?
Many times if the driver goes to court, they at least have the option to plead guilty and request a meeting with the prosecutor. This would allow the driver to ask for a reduction of speed in the moving violation. If the prosecutor agrees, the violation may drop a point or more resulting in fewer points on the driver's record. If the prosecutor agrees to a charge of "too fast for conditions", it would no longer be a moving violation, therefore shouldn't affect insurance rates.
Can someone under the age of 21 have their license suspended if there are two moving violations in three months?
Anyone under the age of 21 who receives two traffic violations within a year can have their license suspended. The points for each violation would exceed the amount allowed by law and would result in a six month suspension. A traffic defense attorney may be able to assist the driver in having one of the moving violations reduced or dismissed to avoid suspension.
Can a driver contest non-speeding moving violations in Massachusetts if they have missed the 20 day period on a ticket?
Once the 20 day period has passed, the driver may find it very difficult to contest the moving violation. If the driver has a valid reason for not responding to the violation within the 20 day period, a motion could be filed with the court asking for more time based on "good cause". However, this decision is up to the judge and may be denied. The driver should file as soon as possible to better his/her chance for additional time. Many people simply pay the ticket if there are no points added to the driving record.
Can a driver request a copy of a police report regarding a traffic stop?
Typically, the only time a police officer will write a report is if there has been an accident. Simple traffic tickets or moving violations don't require a written report. More serious offenses such as vehicular manslaughter would require a full written report. If the driver has a direct interest in such a report, they can call the police department regarding the report. The driver will have to provide identification before receiving a copy if a report has been filed.
Moving violations can affect a person's driving record and result in suspension of the driver's license. When faced with a moving violation, you want to know your rights and need professional answers to your questions. Verified legal Experts are available 24/7 from the privacy and comfort of your home.