Moving Violation vs Non-Moving Traffic Violation
Many people wrongly believe a moving violation occurs while a vehicle is
moving and a non-moving violation occurs when it is not moving, or at
least that over simplifies the two. Non-moving violations are not assessed
Negligent Operator Treatment System (NOTS) points and moving violations
are. If someone is talking or texting on their handheld device while they
are driving it is still a non-point violation. Just as not wearing a seat
belt or having your child in the required child protective seat are not
assessed NOTS points.
Cell phone tickets, seat belts, broken taillights or other “fix-it”
tickets are not moving violations and going to traffic school for one
of these violations will not gain you anything. The purpose of traffic
school, besides providing safety tips for drivers and provide a discount
on your auto insurance in many cases, is to mask your ticket’s NOTS
points from your insurance company or make the points assessed confidential.
Therefore, even though your reminder may state that traffic school is
authorized for a non-moving violation, it will not make any difference
as far as your insurance premium is concerned because your insurance company
is not notified of non-moving violations.
Moving violations, infractions, misdemeanors, and felonies are assessed
NOTS points, but only minor infractions are eligible to be masked or made
confidential by traffic school. However, traffic school in most cases
is only allowed to be used for a traffic ticket infraction once every
18 months. Therefore, it is wise to hire a traffic ticket attorney to
try and get your major infraction reduced to a minor infraction to save
thousands of dollars in fines and raised insurance premiums.
CA Vehicle Code (CVC) 41501
This little-known CVC, which allows a driver who has already attended traffic
school for an infraction to attend again if another ticket is received
within a twelve-month period, but only with a judge’s permission,
so you almost certainly must hire a traffic ticket attorney to approach
the prosecutor or judge to authorize a second attendance. This statute
was supposedly added because of the lag in court dates for traffic offenses.
Ask your traffic ticket attorney if this CVC applies to you.
Traffic School and Moving Violations
Generally, the reminder sent by the court will state whether you can attend
traffic school, but there are instances where a court clerk cannot authorize
traffic school for a moving violation, such as:
· Speeding 25 mph or more over the limit
· Major traffic infractions with more than one NOTS point, such
as speeding over 100 mph
· Misdemeanors and felonies
· Commercial driving violations
· Alcohol and drug offenses
· Failure to Appear (FTA) unless already resolved
In most cases, a traffic ticket attorney can get one or more of these moving
violations reduced to a non-moving violation by requesting a judge to
authorize traffic school.
Furthermore, a driver cannot be made ineligible to attend traffic school
by pleading not guilty or fighting their ticket.
If you attend traffic school, you must first pay the court clerk the added
fee, pay the traffic school its fee, and complete the course, either in
class or online. If you complete the course online, you must be given
an open book test by a proctor, which kind of makes the online course
a lot less convenient. But, make sure you complete the course in time
to meet the date to report completion to DMV, most schools fill up fast,
there were 800,000 attendees in CA last year out of the 3 million people
who received traffic tickets. In addition, make sure it is a state-approved course.
CA.gov website for DMV approved courses. Always consult a traffic ticket attorney
before deciding on a course of action, what’s more, Bigger &
Harman provides a FREE phone consultation.
Hire a Traffic Ticket Defender from Central Valley
I chose Bigger & Harman because of a comment I read on
Yelp, “Mark Bigger told me from the very beginning that he would do his
best to reduce my moving violation to a non-point violation.” When
you need legal representation for traffic court due to a traffic ticket,
contact Bigger & Harman, 661-349-9300 or send an email
Bigger & Harman are Central Valley traffic ticket attorneys that represent
clients with tickets for moving violations. Whether your traffic court
is in Lamont, Hanford, Shafter, Bakersfield, Bishop, or Independence in
Inyo, Mono, Kings, Kern, Fresno, or another Central Valley county, or
even a few SoCal counties, such as SLO, Riverside, San Bernardino, or
LA County, we’ll be there for you.
En español, llame al 661-349-9755.