Pulled over by police car

What Is Considered a Moving Violation?

Archer Law  Feb. 7, 2024

Moving violations are offenses committed by a driver while the vehicle is in motion. They're more than just a minor inconvenience; they can lead to hefty fines, points on your driving record, increased insurance rates, and in severe cases, even license suspension.  

At Archer Law, we've found that many drivers are unclear about what constitutes a moving violation. It can be a stressful experience, getting pulled over, seeing those flashing lights in your rearview mirror.

We understand your frustration and confusion, and we know how it feels to see a traffic ticket flapping under your windshield wiper or to have an officer hand you one after a traffic stop. It's not just about the immediate shock, but also the long-term implications. We're here to help you deal with your situation. 

Understanding Moving Violations in Florida

In Florida, moving violations refer to traffic infractions committed while a vehicle is in motion. These violations are typically associated with actions that endanger others on the road or violate traffic laws. Understanding the specific laws governing various moving violations is crucial for all motorists in the state. 

Red Light Camera Traffic Tickets 

Florida law permits the use of red light cameras to enforce traffic regulations. These cameras capture images of vehicles that run red lights at intersections. Upon identification of a violation, a citation is issued to the vehicle's registered owner. Motorists need to be aware of these cameras and adhere to traffic signals to avoid fines and potential consequences on their driving records. 

Improper Turning 

Improper turning violations occur when a driver fails to execute a turn in accordance with Florida traffic laws. This can include making a turn from the wrong lane, failing to signal, or turning without yielding to pedestrians or other vehicles. Drivers must follow proper turning procedures to ensure the safety of everyone on the road. 

Right-of-Way Violations 

Right-of-way violations involve failing to yield the right of way to another vehicle or pedestrian when required by law. This includes situations such as failing to yield at stop signs, yield signs, or when entering a roadway from a driveway or parking lot. Adhering to right-of-way laws is essential for preventing accidents and maintaining traffic flow. 

Tailgating Laws 

Tailgating, or following another vehicle too closely, is a common cause of accidents on Florida roads. State law requires drivers to maintain a safe following distance behind the vehicle in front of them, allowing for sufficient time to react to sudden stops or changes in traffic conditions. Tailgating not only increases the risk of collisions but also violates Florida's traffic laws. 

Improper Passing 

Improper passing violations occur when a driver overtakes another vehicle in an unsafe or illegal manner. This can include passing on the right, passing in a no-passing zone, or passing when visibility is limited. Drivers must exercise caution and adhere to passing regulations to avoid accidents and legal consequences. 

In conclusion, understanding and adhering to Florida's laws regarding moving violations is essential for safe and lawful driving. Violating these laws can result in fines, points on one's driving record, increased insurance premiums, and even license suspension. Therefore, all motorists must familiarize themselves with these regulations to promote road safety and prevent legal issues. 

What to Do if You Receive a Moving Violation

If you receive a moving violation in Florida, it's important to take prompt and informed action to address the ticket and mitigate its effects. Here's what you should do: 

  • Review the Citation: Carefully read the ticket for specific details about the violation, due dates, fines, and instructions on how to proceed. Make sure you understand what the charge is and what is being claimed by the officer who issued the ticket. 

  • Decide How to Plead: You generally have three options – plead guilty and pay the fine, plead no contest and potentially attend a defensive driving course to reduce points, or plead not guilty and contest the ticket in court. 

  • Pay the Fine or Contest the Ticket: If you choose to pay the fine, you must do so by the deadline indicated on the ticket to avoid additional penalties. If you decide to contest the violation, you'll need to notify the court, which may be through a mail-in form or an online system, and prepare for the hearing. 

  • Attend a Defensive Driving Course (if eligible): In some cases, attending a defensive driving course can help reduce points on your license and may even be a condition of satisfying your fine. 

  • Consult with an Attorney: If you're uncertain about the best course of action or if you choose to contest the ticket, consider seeking legal counsel. An experienced traffic attorney can help you navigate the legal process and represent your interests in court. 

  • Keep Track of Your Driving Record: After dealing with a moving violation, it's wise to obtain a copy of your driving record to ensure that all information has been accurately updated. 

Remember, the consequences of a moving violation can extend beyond the immediate financial penalty. Points on your license and increased insurance rates are potential long-term repercussions. Take the time to fully understand your situation and the possible outcomes before making your decision. 

Frequently Asked Questions About Moving Violations

We aim to provide clear, concise answers to common inquiries we receive about moving violations in Florida, helping you understand your rights and the ways you can effectively handle a traffic ticket. Whether you're dealing with your first moving violation or you've been through this before, our FAQs are here to guide you through the process. 

Can I attend traffic school to remove points from my driving record?

Yes, in most cases, Florida allows drivers to attend a state-approved traffic school to prevent points from being added to their driving record. This option is typically available for minor infractions and can also help in reducing your insurance premiums. 

How long do points from moving violations stay on my driving record? 

Points from moving violations in Florida remain on your driving record for 3 years. Accumulating a high number of points within a certain timeframe can lead to license suspension. 

Does a moving violation affect my insurance rates? 

Yes, moving violations can lead to increased insurance premiums. Insurers view violations as an indication of risky driving behavior, which potentially increases the likelihood of filing a claim. 

What is the process for contesting a moving violation ticket in Florida? 

To contest a moving violation ticket in Florida, you must notify the court in the county where you received the ticket of your intention to dispute the charge. This typically must be done within 30 days of receiving the citation. You will then be given a court date to present your case to a judge or magistrate. 

Fighting Moving Violations With Criminal Defense Attorneys

It's crucial to understand your rights when facing a moving violation. You have the right to contest a ticket and to seek legal representation. If you've been cited for a moving violation, don't hesitate to reach out to us.

At Archer Law, we're dedicated to protecting your rights and helping you navigate the legal process. We serve Clermont, Florida, and the surrounding areas — including Lake County, Orange County, Osceola County, and Sumter County — providing top-notch legal services tailored to your needs. Don't wait any longer. Reach out to us today, and we can discuss your case and explore your options together.