changing moving violation to non-moving violation

UPDATED: Oct 1, 2022

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changing moving violation to non-moving violation

I was cited for ‘failure to yield’ at a stop light in overland park. I would fight it if I could, but it would just be my word against his. I don’t know if traffic recordings or police vehicle recordings are available, but it would probably cost more to investigate that than it would to pay the fine. But I would rather not have a moving violation on my record if I can avoid it. Is it possible to change it to a non-moving violation?

Asked on May 29, 2018 under General Practice, Kansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It is possible IF the prosecutor agrees to this and the judge approves it (the judge must agree to all plea deals or changes in charges, but generally will go along with the prosecutor's recommedation). If you have an otherwise clean record, the prosecutor may agree to change the violation to some form of a non-point (no points on license) violation--many states, like mine (NJ) for example, specifically have moving violations which have no points on the license to give prosecutors this option; you often pay a higher fine, however, as a trade off for not getting points. The prosecutor does not have to offer you a plea to something else--it is his or her discretion. So what you should do is speak to the prosecutor when you get to court on the date scheduled, stress factors reducing your fault and/or your (we hope) otherwise good driving record, and ask if there is anything they can change the charge to or let you plea to which will allow you to avoid points on your license.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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