Speeding Ticket Plea Choice: Non-moving/2 points or Moving/0 points

[martyconlonontherun]

Got a speeding and the DA gave me a choice of non-moving violation (I think it was faulty odometer) that would put 2 points on my license or "Disorderly Conduct with a Motor Vehicle" and 0 points. Which looks better for insurance reasons, or does it not make a difference? All I know is Disorderly Conduct with a Motor Vehicle sounds pretty BA.

Any advice?

[4everwarriors]

I don't give free consultations, but if you pm that 2nd year law student looking for a summer job, you might get a cheap opinion.

[ZiggysFryBoy]

for insurance, disorderly. 


4never knows all about those, after he showed up at a Curves class with nothing on but a trench coat and a sock on his cock.   

[Jay Bee]

To be precise, it was an anklet.

marty, take the non-moving violation if you're going to take one of the two.  There are other options (including sending a nice card to the DA's fam).

[Hards Alumni]

Always take the 0 points option.

[Skatastrophy]

Always take the 0 points option.

Always take the non-moving violation unless you're in danger of losing your license. 

[Hards Alumni]

Always take the non-moving violation unless you're in danger of losing your license. 

I don't follow.

[Mobot]

I would give up the points, you will eventually get them back. 

I wouldn't want "disorderly conduct with a motor vehicle" on my record.  It makes it sound like you were driving on the sidewalk or swerving to hit a stray animal in the road.

[Skatastrophy]

I don't follow.

Take the points loss with the non-moving violation.  This is less likely to affect your insurance rates.

The only reason to take the moving violation is if you're so close to losing your license that 2 more points will cause you to lose it.  Then it'd be better to pay higher insurance rates while keeping your driver's license.

With the coice:

Non-moving with points penalty:  Taking points off your license in exchange for no insurance premium hike.
Moving violation with 0 points:  Taking an insurance premium hike in exchange for keeping your license.

[martyconlonontherun]

Take the points loss with the non-moving violation.  This is less likely to affect your insurance rates.

The only reason to take the moving violation is if you're so close to losing your license that 2 more points will cause you to lose it.  Then it'd be better to pay higher insurance rates while keeping your driver's license.

With the coice:

Non-moving with points penalty:  Taking points off your license in exchange for no insurance premium hike.
Moving violation with 0 points:  Taking an insurance premium hike in exchange for keeping your license.

But don't points factor into the secret formula insurance companies use?

[ZiggysFryBoy]

But don't points factor into the secret formula insurance companies use?

nope.

[Sir Lawrence]

Disorderly Conduct with a Motor Vehicle is for stuff like squealing your tires, or causing too much noise with your sweet ash sound system.  I'd take the 0 points.  Your insurance carrier will see that the original violation was for a speeding ticket anyway, if it was really a County violation.  If this is some municipal violation, then you are still better off with the 0 point violation.  Never know when you might need all of your points.....

[ZiggysFryBoy]

Disorderly Conduct with a Motor Vehicle is for stuff like squealing your tires, or causing too much noise with your sweet ash sound system.  I'd take the 0 points.  Your insurance carrier will see that the original violation was for a speeding ticket anyway, if it was really a County violation.  If this is some municipal violation, then you are still better off with the 0 point violation.  Never know when you might need all of your points.....

insurance companies go by convictions, not charges.  if you use up all of your 12 points, you have bigger problems than a minor speeding ticket.

[Chili]

I asked my agent who happens to be a good friend of mine what to do and he said take the non-moving violation w/ the points.

[MU8285]

Disorderly conduct is not really a "moving" violation.  It isn't a traffic law violation at all.  It is a violation of a county or municipal ordinance.  As such it isn't reported to DMV and will not appear on your traffic record, so when your insurance company runs it there is nothing there for them to see.

On the other hand, defective speedometer (shows up on your traffic record with the initials DS) is a traffic violation.  Yes it is technically a non-moving, equipment, violation, but in reality no one gets a ticket for DS, they get it for speeding and then it is amended to DS.  So any time you see that someone has a DS on their traffic record, you know they got a ticket for speeding and it was reduced.  And insurance companies know it too when they look at your record.

[martyconlonontherun]

Disorderly conduct is not really a "moving" violation.  It isn't a traffic law violation at all.  It is a violation of a county or municipal ordinance.  As such it isn't reported to DMV and will not appear on your traffic record, so when your insurance company runs it there is nothing there for them to see.

I believe it was "Disordely Conduct with a Motor Vehicle." Does that make a difference?

Chili- Thanks for looking into. Appreciate the help.

[MU8285]

It's still a county/local ordinance violation and not a traffic violation.  So it doesn't get reported to DOT and doesn't appear on a traffic record.

[martyconlonontherun]

It's still a county/local ordinance violation and not a traffic violation.  So it doesn't get reported to DOT and doesn't appear on a traffic record.

I found this...

340.0011 DISORDERLY CONDUCT WITH A MOTOR VEHICLE. (1) Conduct Prohibited. No person shall, within the County of Brown, by or through the use of any motor vehicle, including, but not limited to, an automobile, truck, motorcycle, minibike, or snowmobile, cause or provoke disorderly conduct with a motor vehicle.

(2) Definition. Disorderly conduct with a motor vehicle shall mean, while operating or in control of a motor vehicle, to engage in conduct or activities which are violent, unreasonably loud, dangerous to persons or property, or otherwise against the public peace, welfare, and safety, including but not limited to unnecessary, deliberate, or intentional spinning of the wheels, squealing of the tires, revving or racing of the engine, blowing of the horn, causing the engine to backfire, or causing the vehicle, while commencing to move or while in motion, to raise one or more wheels off the ground. Specifically excluded from this definition are legitimate, scheduled racing events.

(3) Penalty. Any person found guilty of violating this section, or any part thereof, may be required to forfeit not less than $10 nor more than $200, and the cost of prosecution, for the first offense, and not less than $50 nor more than $300, and the cost of prosecution, for the second or subsequent violation within two years, and upon failure to pay said forfeiture, and the costs, may be confined in the County Jail for a period not to exceed 10 days for the first offense and 30 days for the second offense, or until the payment of said forfeiture and costs is made.

Read more: http://www.city-data.com/forum/wisconsin/93835-question-about-ticket-insurance-costs-dangerous.html#ixzz1JVfEqNML

Seems like it could be tons of things other than speeding: IE honking too much, stereo too loud, squealing tires. None are great, but I think it looks better than faulty speedometer and it doesn't look like it is reported to the DOT. I think I will stick with that and 0 points.

Thanks for all the help. Wasn't too worried, but just curious on what the best answer would be since each side has its argument.

[Lethdorr]

While you're concerned with the impact on your insurance rates, something that I would be more concerned with is how this will look on your public record.

To determine that, you need to remember who pulled you over - State Police, County Sheriff, or a City Cop?

If it's the first two, you go to your county's Circuit Court.

If a City Cop, he/she will (usually) give you a Municipal Citation and go to Municipal Court.

(Why? The lion's share of the money from your fine for a State/County Statute violation goes to the County Government, with local government getting precious little. Thus, city cops will (usually) write a Municipal Citation which = money in the bank for the city.)

The Impact on Your Public Record Until 2016

State/County Cop

When applying for a job or especially when leasing an apartment, chances are, they'll run your name through the state's Consolidated Court Automation Program (CCAP). http://wcca.wicourts.gov/index.xsl Just one search will pull the records for nearly every county in the state.

Regardless of what you plead to, records for Traffic Forfeitures (TR) - moving and non-moving violations - and Non-Traffic Ordinance Violations (FO) - will remain accessible to the general public - just by typing in your name - for the next five years.

That means they'll see either your name next to either "Defective Speedometer" or "Disorderly Conduct with a Motor Vehicle". Which do you think would be a greater concern for a potential employer/landlord?

From my experience, the negative connotation the term "Disorderly Conduct" has FAR outweighs the implications of having a "Defective Speedometer".

Local/City Cop

For Municipal Violations, there isn't a centralized system like there are for County Violations. That means to find your citation, unless a person knew you got a ticket in one particular city/town, they would have to search each and every city's online Court Database; many don't even have one.

While you mentioned a Brown County Ordinance, we need to know WHO pulled you over. A local municipality might have a statute for "Disorderly Conduct with a Motor Vehicle", as well.

So, two important questions:

1.) "Who pulled me over?", and

2.) "Which am I more worried about - a potential increase in insurance rates, or how this will look to a potential employer or landlord?"