A moving traffic violation occurs when a moving vehicle violates a traffic law. The most common moving traffic offenses are speeding, driving without a valid driver’s license, driving without insurance, driving under the influence (DUI), and reckless driving.
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Speeding You may receive a traffic ticket if you violate the law that restricts the speed at which a vehicle can travel. There are two types of speed restrictions:
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Absolute speeding restrictions that specify the maximum speed allowed in certain areas. If you are caught driving a mile over the specified speed limit, you are eligible to be charged with a traffic violation. While not impossible, outright speeding tickets are very difficult to fight in court.
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The alleged speeding restriction that requires drivers to drive their vehicles at a speed is reasonable under certain circumstances. For example, if the speed limit on the highway is 70 MPH, but during rush hours all vehicles are traveling at 75 MPH, you may be allowed to exceed the specified speed limits. You may still receive a speeding ticket. The determination of whether or not you committed a traffic violation is at the discretion of the police officer. Alleged speeding tickets are easier to fight in court.
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Driving under the influence of alcohol (DUI) In any state, you are committing a traffic violation if you drive a vehicle under the influence of alcohol and / or drugs. The DUI law makes it illegal to operate a vehicle if:
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Your ability to safely operate a vehicle if you are under the influence of alcohol, illegal drugs, or prescription medications, such as pain relievers.
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You are intoxicated below a level above DUI standards, which varies from state to state.
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Driving without a valid driver’s license In most states, you are committing a traffic violation if:
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You have never been issued a driver’s license from the state department of motor vehicles.
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If you have your driver’s license temporarily suspended
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If your driver’s license was permanently revoked
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Reckless Driving Many states have laws that prohibit drivers from operating a vehicle in a way that demonstrates a reckless disregard for the safety of others. Called “reckless driving” in some states, or “reckless driving” in others, it is considered one of the most serious traffic offenses. Some acts that are automatically considered ‘reckless driving’ include, but are not limited to:
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Driving 25 MPH or more over the speed limit
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Compete with another vehicle
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Refusing to stop when requested and trying to elude a police officer.
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