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Moving versus Non-Moving Traffic Infraction Violations

Posted by Tony Swartz | Apr 03, 2020 | 0 Comments

Tony represents people charged with Washington State traffic infractions such as speeding, expired license tabs, and other offenses cited in Kittitas County or Yakima County. One of the questions that frequently arises is whether an offense is considered a moving violation for insurance purposes

Non-moving violations are usually infractions like parking tickets, camera speed tickets, equipment violations (headlights, tail light infractions, etc.) or insurance/license/registration paperwork violations. A non-moving violation will still appear on your driver's record, and your insurance agency would see it if it is on your record. The big difference in Washington State, compared to other states, is we do NOT use a points system for our violations. If you can get a non-moving violation instead of a moving violation, you are in a better position.

Washington State defines a moving violation in WAC 308-104-160. If the violation is NOT listed in WAC 308-104-160, it is therefore a non-moving violation.

​Driving while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502;
Physical control of a motor vehicle while under the influence of intoxicating liquor or any drug, as defined by RCW 46.61.504;
Vehicular homicide, as defined by RCW 46.61.520;
Vehicular assault, as defined by RCW 46.61.522;
Reckless driving, as defined by RCW 46.61.500;
Racing, as defined by RCW 46.61.530;
Embracing, as defined by RCW 46.61.665;
Hit and run (injury, death, striking the body of a deceased person, or occupied vehicle), as defined by RCW 46.52.020;
Attempting to elude a police vehicle, as defined by RCW 46.61.024;
Driving while driving privilege suspended or revoked, as defined by RCW 46.20.342, 46.20.345, or 46.20.394;
Reckless endangerment of roadway workers, as defined in RCW 46.61.527;
Driver under twenty-one driving or being in physical control of a motor vehicle after consuming alcohol, as defined in RCW 46.61.503;
Driving or in physical control of commercial motor vehicle while having alcohol in system, as defined in RCW 46.25.110;
Open container violation (driver), as defined by RCW 46.61.519;
Negligent driving in the first degree, as defined by RCW 46.61.5249;
Negligent driving in the second degree, as defined by RCW 46.61.525 or 46.61.526;
Hit and run (unattended vehicle or property), as defined by RCW 46.52.010;
Disobey road sign, as defined by RCW 46.61.050, 46.61.070, or 46.61.450;
Disobey signalman, officer, or firefighter, as defined by RCW 46.61.015, 46.61.020, 46.61.021, or 46.61.022;
Disobey school patrol, as defined by RCW 46.61.385;
Speed too fast for conditions, as defined by RCW 46.61.400;
Speed in excess of maximum limit, as defined by RCW 46.61.400 or 46.61.460;
Speeding in a school zone, as defined by RCW 46.61.440;
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;
Failure to yield right of way, as defined by RCW 46.61.180, 46.61.183, 46.61.185, 46.61.190, 46.61.202, 46.61.205, 46.61.210, 46.61.212, 46.61.215, 46.61.220, 46.61.235, 46.61.245, 46.61.261, 46.61.300, or 46.61.427;
Failure to keep to the right, as defined by RCW 46.61.100 or 46.61.105;
Wrong way on a one-way street or rotary traffic island, as defined by RCW 46.61.135;
Improper lane change or travel, as defined by RCW 46.61.140;
Straddling or driving over centerline, as defined by RCW 46.61.140;
Driving on the wrong side of the road, as defined by RCW 46.61.150;
Crossing divider, as defined by RCW 46.61.150;
Improper entrance to or exit from freeway, as defined by RCW 46.61.155;
Violating restrictions on a limited access highway while driving a motor vehicle, as defined by RCW 46.61.160;
High occupancy vehicle lane violation, as defined by RCW 46.61.165;
Improper overtaking or passing, as defined by RCW 46.61.110, 46.61.115, 46.61.120, 46.61.125, 46.61.130, or 46.61.428;
Passing stopped school bus, as defined by RCW 46.61.370;
Passing stopped private carrier bus, as defined by RCW 46.61.375;
Following too closely, as defined by RCW 46.61.145;
Following fire apparatus, as defined by RCW 46.61.635;
Crossing fire hose, as defined by RCW 46.61.640;
Driving on sidewalk, as defined by RCW 46.61.606;
Driving through safety zone, as defined by RCW 46.61.260;
Driving with wheels off roadway, as defined by RCW 46.61.670;
Impeding traffic, as defined by RCW 46.61.100, 46.61.425, or 46.20.427;
Improper turn, as defined by RCW 46.61.290;
Prohibited turn, as defined by RCW 46.61.295;
Failure to signal or improper signal, as defined by RCW 46.61.305, 46.61.310, or 46.61.315;
Improper backing, as defined by RCW 46.61.605;
Unlawful operation of motorcycle on roadway, as defined by RCW 46.61.608, 46.61.612, or 46.61.614;
Reckless endangerment, as defined by RCW 9A.36.050;
Failure to maintain control, as defined by RCW 46.61.445;
Violation of license restriction(s), as defined by RCW 46.20.041 or 46.20.740;
Violation of instruction permit restrictions, as defined by RCW 46.20.055;
Violation of out-of-service order, as defined by RCW 46.25.090;
Obstructed vision or control, as defined by RCW 46.61.615;
Carrying persons or animals outside of vehicle, as defined by RCW 46.61.660;
Carrying passenger in towed vehicle, as defined by RCW 46.61.625;
Coasting on downgrade, as defined by RCW 46.61.630;
Violation of child restraint requirements, as defined by RCW 46.61.687;
Carrying child under the age of five years old on motorcycle, as defined by RCW 46.37.530;
Carrying passenger improperly on motorcycle, as defined by RCW 46.61.610;
No helmet, goggles, mirrors, windshield or face shield, as defined by RCW 46.37.530;
Operating moped on freeway or sidewalk, as defined by RCW 46.61.710;
Driving without lights, as defined by RCW 46.37.020;
Failure to dim lights, as defined by RCW 46.37.230;
Operating motorcycle without lights, as defined by RCW 46.37.522;
No lamp, reflector, or flag on extended load, as defined by RCW 46.37.140;
Wearing earphones or viewing television in vehicle, as defined by RCW 46.37.480;
Failure to secure load, as defined by RCW 46.37.490;
Spilling load, as defined by RCW 46.61.655; and;
Improper towing, as defined by RCW 46.44.070.

Cited with an infraction? Get your free consult with me now.

About the Author

Tony Swartz

Tony Swartz is an experienced lawyer in Washington State. He has handled, most from start to finish, over 10,000 criminal cases with a focus on DUIs and other misdemeanor charges. In addition to his legal practice, Tony is a recognized expert in the field and routinely teaches classes at both Central Washington University and Yakima Valley College.


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Law Office of Tony Swartz

Tony Swartz is a lawyer practicing criminal defense in Kittitas County and Yakima County who specializes in Ellensburg DUIs and Yakima DUIs. He also represents clients with other misdemeanor charges. Call today for a free consultation.

Tony moved to Ellensburg in 2005 and has lived here since other than a brief break for law school. He attended CWU and Willamette University College of Law. He is also on the executive board for Ellensburg Music Festival, Ellensburg Downtown Rotary, and Ellensburg Big Band (where he also plays trumpet). He also plays hockey at the Yakima Ice Rink and Kraken Community Iceplex, in addition to attending a lot of Seattle Kraken games.

Contact Info

​PO Box 684
Ellensburg, WA 98926
Office: 422 N Pine, Ellensburg WA 98926

[email protected]
Fax: 509-295-8378