In the context of traffic laws, a moving violation refers to any violation committed while the vehicle is in motion. These violations can range from relatively minor offenses, such as speeding or failure to signal, to more serious offenses, like reckless driving or driving under the influence (DUI).
While moving violations like speeding tickets may seem like minor infractions, they can have significant implications, especially when it comes to DUI cases. In California, both moving violations and DUIs are considered serious offenses that can result in severe consequences, making it crucial to understand the relationship between the two.
A Los Angeles DUI Lawyer can help you understand how moving violations and DUIs relate to your case.
Traffic Tickets and DUIs
Most people have gotten a traffic ticket at some point in their life. A ticket can be stressful and expensive, but it’s usually a relatively easy process: you pay the fine or contest the ticket and move on.
A traffic violation is a minor infraction that breaks traffic rules, such as speeding or running a stop sign. A DUI is more serious than a traffic violation.
Unfortunately, this leads people to believe that a DUI charge is just as minor. It’s not. In California, there’s a wide difference between getting a traffic violation (a ticket) and a DUI.
Traffic or Moving Violation
Traffic violations, also known as moving violations, are usually minor infractions. The law treats them differently than criminal offenses. For example:
- Traffic violations usually don’t require a trial.
- You can often challenge a traffic violation simply by seeing the local traffic clerk’s office, without appearing before a judge.
- The penalties for most traffic violations are fines, not jail time or other sanctions.
Driving Under The Influence – DUI
DUI, however, is a misdemeanor criminal charge or even a felony. Penalties include fines, jail, traffic safety school, probation, and a suspended driver’s license. While many traffic tickets cost less than $200, even the simplest DUI conviction will cost roughly $1,800.
DUI In Conjunction With Moving Violations
However, many DUI cases involve traffic violations as well. Officers have a tendency to pile on as many separate charges as possible: speeding, running a stop sign, and seat belt violations are all commonly paired with DUI charges.
This can be a huge problem because traffic violations and DUIs both add points to your driver’s license. If you get too many points too quickly, it could lead to being declared a habitual traffic offender, adding additional criminal penalties on top of the DUI.
A good DUI lawyer will know how to deal with traffic violations and DUI charges at the same time.
Is a Speeding Ticket a Moving Violation?
Yes, a speeding ticket is considered a moving violation in California and across most states. Some common examples of moving violations include:
- Speeding (exceeding the posted speed limit)
- Running a red light or stop sign
- Improper lane changes or failure to signal
- Reckless driving
These violations are classified as “moving” because they occur while the vehicle is in motion, as opposed to non-moving violations like parking infractions or equipment violations (e.g., a broken taillight).
How Traffic Violations/ Moving Violations Can Affect DUI Charges and Sentencing
In the context of DUI cases, moving violations can have a significant impact on both the charges and potential sentencing. Here are a few ways in which moving violations can intersect with DUI cases:
- Aggravating factor: If an individual is pulled over for a moving violation and is subsequently charged with DUI, the moving violation can be considered an aggravating factor, potentially leading to harsher penalties or sentencing.
- Prior convictions: In California, a prior DUI conviction within the past 10 years can enhance the charges and penalties for a subsequent DUI offense. However, some courts may also consider prior moving violations as evidence of a pattern of unsafe driving behavior, which could further impact sentencing.
- Probation violations: If an individual is on probation for a DUI offense and receives a moving violation, it could be considered a violation of their probation terms, potentially leading to additional penalties or revocation of probation.
It’s important to note that the specific impact of moving violations on DUI cases can vary depending on the circumstances and the jurisdiction in which the case is being handled.
The Importance of Experienced Legal Representation
If you have been charged with a moving violation or a DUI offense, it is crucial to seek the guidance of an experienced DUI attorney. Let Los Angeles DUI Attorneys connect you with an experienced DUI lawyer for a free consultation.
We’ll thoroughly review the details of your situation and provide the support and representation you need during this challenging time. With so much at risk, you need legal representation to protect your future and your finances. Talk to us today.
