Under the law, when a driver has accumulated a certain number of violation points within a certain period of time, the Department of Motor Vehicles (DMV) may suspend and place on probation, or revoke, his driving privilege because he is a negligent operator.
Traffic violations are classified as moving or non-moving – whether or not the vehicle was moving during the incident. Speeding is a common moving violation, here are other examples:
• Speed limit violation (excessive speeding or driving too slowly)
• Running a stop sign or a red light
• Using a cellphone or other mobile devices while driving
• Failure to use turn signals
• Driving without a license
• Failure to wear a seat belt
• Failure to yield to another vehicle which has the right of way
• Failure to stop for pedestrian in crosswalk
• Failure to stop for a school bus when children are boarding or exiting
Traffic violations may either be an infraction or a misdemeanor but serious violations are classified as felonies. Serious moving violations are the following:
• Driving under the influence of drugs or alcohol
• Street racing
• Reckless driving
• Vehicular Homicide
• Failure to stop at the scene of the accident
• Driving without insurance
Generally, moving violations are more severe offenses than non-moving violations as these are more likely to cause motor vehicles accidents which may potentially cause personal injury or property damage.
In California, its Department of Motor Vehicles has a point system where violations are kept track of along with corresponding penalties meted. Most traffic violations in California are infractions – drivers are just usually required to pay a fine which could range up to $370 or more. Misdemeanor charges on the other hand carry stiffer fines that could blow up to as much as $3520 or more. More serious or felony offenses impose a much higher fine along with imprisonment.
Keeping track of the driver’s violations, whether it is as simple as speeding and moving violation or as grave as reckless driving, helps to ensure that drivers who racked up enough points for being negligent operators, are kept off of the streets.
Further, issuance of traffic tickets along with corresponding fees serves as a deterrent for the errant driver to cease and desist from committing such actions.
But of course, not everyone adheres to the law or respects its enforcement. A lot of people continue to commit moving and non-moving violations which result to accidents that may hurt or kill other people on the road.
If you are a victim of a motor vehicle accident and the liable driver committed any moving violations which caused the accident, he will be found negligent and can be held liable for any injuries or losses you incurred. Hire a personal injury attorney to handle your case and you may also consider using the negligent driver’s own driving record to establish his history of negligence.
