What’s the Difference between Moving vs. Non-Moving Tickets?

As a traffic ticket attorney, a common question I get from potential clients is whether the traffic infraction they recently received is considered to be a moving or non-moving violation. More importantly, drivers are usually curious about how they can best handle the ticket they were given. The better question is whether or not the violation carries a point penalty. A "no insurance" citation might seem like a non-moving violation, but it carries a point penalty so it is considered a moving violation.

What is a Moving Violation?

In Missouri, a “moving violation” is any traffic infraction that is committed by the driver while the car is moving and carries a point penalty. Laws vary by state, but for Missouri, you can find a list of all moving violations in the Missouri Administrative Code. Below is a list of moving violations as outlined in the Missouri Administrative Code.

 

What is a Non-Moving Violation?

A non-moving violation is typically an infraction that involves a stationary vehicle and for which points are NOT assessed. Non-moving violations in Missouri generally include parking violations, tickets issued by a camera, equipment violations, or paperwork violations relating to your vehicle registration.

If you are unsure of whether or not the infraction you received would fall under one of these guidelines, it is always a good idea to check Missouri's official list to see if your specific infraction is considered to be a moving violation. If it is not on that list, it’s usually safe to assume that your infraction is a non-moving violation in Missouri.

 

Do Non-Moving Violations Go on Your Driving Record?

In Missouri, with the exception of a non-point speeding violation, if the violation does not carry a point penalty, it does not show up on the driving record.

 

Do Non-Moving Violations Affect Insurance?

Car insurance rates are determined by a number of factors. These factors often include your age, gender, and the type of vehicle you drive. However, the most significant contributor to your insurance rates is the level of risk you pose as a driver and your chance of getting in an accident. Car insurance companies determine this risk by the number of traffic infractions you have on your driving record and the number of collisions you have been involved in. Non-moving violations typically don’t affect your insurance rates because except for the "non-point" speeding, the insurance company doesn't know they exist.

 

Should I Contest my Non-Moving Violation Infraction?

I hate to give this answer because it does not provide much guidance, but honestly, it depends. Usually, police officers don’t write tickets for non-moving violations alone. Instead, non-moving are typically discovered after you have been stopped for another issue, like speeding. The difficulty with non-moving violations is that they are often difficult tickets to beat. These types of infractions are very black and white. You either had insurance and valid registration at the time of the stop, or you didn’t. The majority of the time there are no technical arguments that a traffic ticket attorney can make to beat your non-moving violation. (This is different than the options we have with a speeding ticket, for instance, where we can attack the credibility of a speed measuring device and other technical issues). Because non-moving violations are pretty black and white, in some cases, it makes sense to simply pay the fine instead of contesting it. I understand that this can all be a bit confusing, so if you are unclear, it is best to email us before deciding how you want to proceed in handling your infraction.

 

Can a Non-Moving Violation Suspend my License?

In the state of Missouri, you must show up in court on the court date if you have not paid the fine or hired an attorney. That is true for moving or non-moving, point or non-point violations. Failure to show up to court or take any action could result in a license suspension regardless of whether the violation is moving or non-moving.

 

When Should I Hire a Traffic Lawyer?

A good rule of thumb is to always consult with an experienced traffic ticket attorney in your area before making any decision on how to respond to an infraction. If you were only cited with a non-moving violation, it may make sense to pay the fine and not get an attorney involved. However, if you were also cited with a moving violation (such as a speeding violation), you should at least consult with a traffic ticket lawyer before deciding how to proceed.