Moving vs. Non-Moving Violations in Texas
Short answer
A moving violation is something you did while driving that endangers traffic: speeding, running a stop sign or red light, failure to yield. A non-moving violation is about paperwork or the car: expired registration, no proof of insurance, an expired license. Moving violations are the ones that follow you, on your record and with your insurer. Each kind gets dismissed a different way.
Moving violations
- Speeding, 10% or more over the limitAny amount over in a school crossing zone
- Running a stop sign, including a rolling stop
- Running a red light
- Failure to yield right-of-way
- Unsafe lane change, following too closely
- Child not in a required car seatNamed as a moving violation in the rule
Usual fix: defensive driving, if you're eligible.
Not moving violations
- Expired registrationCan be dismissed for up to $20 if you renew in time
- No proof of insuranceDismissed if you had insurance that day
- Expired driver license
- Speeding less than 10% over the limitOutside a school crossing zone
- Texting while driving (§545.4251)Excluded by the DPS rule
- Parking ticketsNot a driving offense
Usual fix: fix the problem (renew, show proof) and ask the court to dismiss.
Based on the DPS definition in 37 Tex. Admin. Code §15.89, which also publishes a detailed offense table. When in doubt about a specific charge, ask the court clerk.
Why the difference matters
- Your license. Four moving-violation convictions in 12 months, or seven in 24, can get your license suspended.
- Your insurance. Insurers rate moving violations most heavily, typically for about three years. How much a ticket raises insurance.
- How you get it dismissed. Moving violations: defensive driving or deferred disposition. Paperwork tickets: fix the problem and show the court. Defensive driving is the wrong tool for expired registration or insurance.
- A dismissed ticket doesn't count. The DPS rule leaves out offenses resolved through defensive driving or deferred disposition. That's the point of dismissing instead of paying.
Frequently asked questions
What is a moving violation in Texas?
Texas DPS defines it as an act committed while operating a motor vehicle on a public street or highway that is a hazard to traffic and is prohibited by state law or city ordinance (37 Tex. Admin. Code §15.89). Speeding, running a stop sign or red light, and failure to yield are the common ones. Paperwork offenses like expired registration or no proof of insurance are not.
Is expired registration a moving violation in Texas?
No. It is a vehicle-registration offense, not a driving-behavior offense, and it cannot be dismissed with defensive driving. Instead, the court can dismiss it for a fee of up to $20 if you renew by the 20th working day after the ticket or before your first court date, whichever is later (Transp. Code §502.407).
Is running a stop sign a moving violation?
Yes. Failing to stop at a stop sign, including a rolling stop, is a moving violation. It is usually eligible for dismissal with defensive driving.
Is a no insurance ticket a moving violation?
No. Driving without insurance is a financial responsibility offense. If you had a valid policy on the day of the stop, show the court proof and it must dismiss the charge (Transp. Code §601.193).
Is speeding 5 mph over a moving violation in Texas?
Under the DPS rule, speeding less than 10% over the posted limit is not counted as a moving violation, unless it happened in a school crossing zone. At a 60 mph limit, that means under 66 mph.
Does a dismissed ticket count as a moving violation?
No. The DPS rule excludes offenses resolved through deferred disposition or a driving safety course (Tex. Code Crim. Proc. ch. 45A, subchapters G and H). That is the main reason to dismiss a moving violation instead of paying it.
Why does it matter whether a ticket is a moving violation?
Moving violations are what count toward a license suspension for too many convictions (4 in 12 months, or 7 in 24 months), what insurers look at most, and, for drivers under 25, what makes a ticket eligible for defensive driving.
Last updated September 25, 2026. Definition and exclusions per 37 Tex. Admin. Code §15.89 (as amended effective January 1, 2025); registration dismissal per Tex. Transp. Code §502.407; insurance defense per §601.193. Not legal advice.