Moving v. Nonmoving Infractions

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Disclaimer: Traffic Infraction or other driving defense information presented at this site should not be considered formal legal advice nor the formation of a lawyer or attorney client relationship. Any results set forth here were dependent on the facts of that case and the results will differ from case to case. Please contact a Washington criminal driving defense lawyer or attorney for a free initial consultation. This web site is not intended to solicit clients for matters outside of the State of Washington.

My driving defense law firm serves the following Western Washington communities, among others: Snohomish County, Skagit County, Alderwood, Arlington, Bellingham, Brier, Darrington, Edgewood, Edmonds, Everett, Gold Bar, Granite Falls, Index, Lake Stevens, Lynnwood, Marysville, Mill Creek, Monroe, Tulalip, Mukilteo, Silvana, Smokey Point, Snohomish, Stanwood, Sultan, Woodway, Burlington, Clearlake, Concrete, Hamilton, La Conner, Lyman, Marbelmount, Mount Vernon, Sedro Wooley, Lake Forest Park.

I also serve the following Zip Codes: 98011, 98012, 98020, 98021, 98026, 98033, 98034, 98036, 98037, 98043, 98046, 98052, 98072, 98082, 98087, 98201, 98203, 98204, 98205, 98206, 98207, 98208, 98213, 98223, 98241, 98251, 98252, 98256, 98258, 98259, 98270, 98271, 98272, 98273, 98274, 98275, 98287, 98290, 98291, 98292, 98293, 98294, 98296

Moving offenses are likely to increase your insurance costs while nonmoving offenses are not. So, how do you tell which kind you have? If your offense is on the list below, it s a moving offense. If it it is not listed here, then it s nonmoving.

According to WAC 308-104-160:

A "nonmoving violation" as used in RCW 46.65.020 and this chapter shall mean any violation or traffic infraction in Title 46 RCW, other than those moving violations included in the following list or violations of substantially similar laws, administrative regulations, local laws, ordinances, regulations, or resolutions of a political subdivision of this state, the federal government, or any other state:

     (1) Driving while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502;

     (2) Physical control of a motor vehicle while under the influence of intoxicating liquor or any drug, as defined by RCW 46.61.504;

     (3) Vehicular homicide, as defined by RCW 46.61.520;

     (4) Vehicular assault, as defined by RCW 46.61.522;

     (5) Reckless driving, as defined by RCW 46.61.500;

     (6) Racing, as defined by RCW 46.61.530;

     (7) Embracing, as defined by RCW 46.61.665;

     (8) Hit and run (injury, death, or occupied vehicle), as defined by RCW 46.52.020;

     (9) Attempting to elude a police vehicle, as defined by RCW 46.61.024;

     (10) Driving while driving privilege suspended or revoked, as defined by RCW 46.20.342, 46.20.394, or 46.20.420;

     (11) Reckless endangerment of roadway workers, as defined in RCW 46.61.527;

     (12) Driver under twenty-one driving or being in physical control of a motor vehicle after consuming alcohol, as defined in RCW 46.61.503;

     (13) Driving or in physical control of commercial motor vehicle while having alcohol in system, as defined in RCW 46.25.110;

     (14) Open container violation (driver), as defined by RCW 46.61.519;

     (15) Negligent driving in the first degree, as defined by RCW 46.61.5249;

     (16) Negligent driving in the second degree, as defined by RCW 46.61.525;

     (17) Hit and run (unattended vehicle or property), as defined by RCW 46.52.010;

     (18) Disobey road sign, as defined by RCW 46.61.050 and 46.61.070;

     (19) Disobey signalman, officer, or firefighter, as defined by RCW 46.61.015, 46.61.020, 46.61.021, or 46.61.022;

     (20) Disobey school patrol, as defined by RCW 46.61.385;

     (21) Speed too fast for conditions, as defined by RCW 46.61.400;

     (22) Speed in excess of maximum limit, as defined by RCW 46.61.400 or 46.61.460;

     (23) Speeding in a school zone, as defined by RCW 46.61.440;

     (24) Failure to stop, as defined by RCW 46.61.055, 46.61.065, 46.61.195, 46.61.200, 46.61.340, 46.61.345, 46.61.350, 46.61.365, 46.61.370, or 46.61.375;

     (25) Failure to yield right of way, as defined by RCW 46.61.180, 46.61.185, 46.61.190, 46.61.202, 46.61.205, 46.61.210, 46.61.215, 46.61.220, 46.61.235, 46.61.245, 46.61.261, 46.61.300, or 46.61.427;

     (26) Failure to keep to the right, as defined by RCW 46.61.100 or 46.61.105;

     (27) Wrong way on a one-way street or rotary traffic island, as defined by RCW 46.61.135;

     (28) Improper lane change or travel, as defined by RCW 46.61.140;

     (29) Straddling or driving over centerline, as defined by RCW 46.61.140;

     (30) Driving on the wrong side of the road, as defined by RCW 46.61.150;

     (31) Crossing divider, as defined by RCW 46.61.150;

     (32) Improper entrance to or exit from freeway, as defined by RCW 46.61.155;

     (33) High occupancy vehicle lane violation, as defined by RCW 46.61.165;

     (34) Improper overtaking or passing, as defined by RCW 46.61.110, 46.61.115, 46.61.120, 46.61.125, or 46.61.130;

     (35) Passing stopped school bus, as defined by RCW 46.61.370;

     (36) Passing stopped private carrier bus, as defined by RCW 46.61.375;

     (37) Following to closely, as defined by RCW 46.61.145;

     (38) Following fire apparatus, as defined by RCW 46.61.635;

     (39) Crossing fire hose, as defined by RCW 46.61.640;

     (40) Driving on sidewalk, as defined by RCW 46.61.606;

     (41) Driving through safety zone, as defined by RCW 46.61.260;

     (42) Driving with wheels off roadway, as defined by RCW 46.61.670;

     (43) Impeding traffic, as defined by RCW 46.61.100, 46.61.425, or 46.20.427;

     (44) Improper turn, as defined by RCW 46.61.290;

     (45) Prohibited turn, as defined by RCW 46.61.295;

     (46) Failure to signal or improper signal, as defined by RCW 46.61.305;

     (47) Improper backing, as defined by RCW 46.61.605;

     (48) Unlawful operation of motorcycle on roadway, as defined by RCW 46.61.608;

     (49) Reckless endangerment, as defined by RCW 9A.36.050;

     (50) Failure to maintain control, as defined by RCW 46.61.445;

     (51) Violation of license restriction(s), as defined by RCW 46.20.041 or 46.20.740;

     (52) Violation of instruction permit restrictions, as defined by RCW 46.20.055;

     (53) Violation of out-of-service order, as defined by RCW 46.25.090;

     (54) Obstructed vision or control, as defined by RCW 46.61.615;

     (55) Carrying persons or animals outside of vehicle, as defined by RCW 46.61.660;

     (56) Carrying passenger in towed vehicle, as defined by RCW 46.61.625;

     (57) Coasting on downgrade, as defined by RCW 46.61.630;

     (58) Violation of child restraint requirements, as defined by RCW 46.61.687;

     (59) Carrying child under the age of five years old on motorcycle, as defined by RCW 46.37.530;

     (60) Carrying passenger improperly on motorcycle, as defined by RCW 46.61.610;

     (61) No helmet, goggles, mirrors, windshield or face shield, as defined by RCW 46.37.530;

     (62) Motorcycle handlebars above maximum height, as defined by RCW 46.61.611;

     (63) Operating moped on freeway or sidewalk, as defined by RCW 46.61.710;

     (64) Illegal, improper, defective, or missing vehicle equipment, as defined by RCW 46.37.010;

     (65) Driving without lights, as defined by RCW 46.37.020;

     (66) Failure to dim lights, as defined by RCW 46.37.230;

     (67) Operating motorcycle without lights, as defined by RCW 46.37.522;

     (68) No lamp, reflector, or flag on extended load, as defined by RCW 46.37.140;

     (69) Unnecessary noise, as defined by RCW 46.37.380;

     (70) Wearing earphones or viewing television in vehicle, as defined by RCW 46.37.480;

     (71) Permitting illegal vehicle operation, as defined by RCW 46.20.343 or 46.61.675;

     (72) Failure to secure load, as defined by RCW 46.37.490;

     (73) Spilling load, as defined by RCW 46.61.655; and

     (74) Improper towing, as defined by RCW 46.44.070.

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Moving vs. Nonmoving Offenses