If you are a Virginia-licensed driver, you are subject to the Virginia Department of Motor Vehicle’s (DMV) demerit points system. Each and every moving violation (speeding, reckless driving, failure to obey a highway sign or traffic signal, etc.) carries a pre-assigned demerit point value. The number of points assessed depends on the nature of the offense. So what does it mean to accumulate a certain number of demerit points and how do you know how many points you will receive for a particular traffic charge? Below, you will find the answers to both questions.
A comprehensive list of all the different violations and their corresponding demerit points can be found on the DMV’s website. The demerit points are divided into three categories: 3-point offenses; 4-point offenses, and 6-point offenses.
Some common 3-point offenses include: exceeding the speed limit by 1-9 mph, improper driving or passing, driving on the sidewalk, driving without proper lights or excessive lights, improper turns, and failure to obey a highway sign or traffic signal.
Common 4-point offenses include: exceeding the speed limit by 10-19 mph, unsafe passing, failure to yield the right of way, following too closely, failure to obey railroad crossing markings or lights, and other offenses.
Finally, some common six-point offenses include: reckless driving of any kind, exceeding the speed limit by 20 or more mph, driving under the influence (DUI) of any kind, vehicular manslaughter, driving as a habitual offender, driving on a revoked or suspended license, failure to stop at a crash, and others.
Aside from the penalties imposed for the specific offense charged, the DMV will assess the corresponding demerit points to your driving record. Those demerit points can be viewed by insurance companies and may impact your insurance rates. Those points are also used by the DMV to take administrative action.
Consequences of Accumulating Demerit Points
Drivers who are 18 or older can be the subject of administrative action depending on the number of demerit points they accumulate within a rolling 12 or 24-month period. An adult driver who receives 8-11 points in 12 months or 12 points in 24 months will receive an advisory letter from the DMV stating they could be the subject of further action. If the driver accumulates 12 points in 12 months or 18 points in 24 months, they will be informed by DMV that they are required to complete a driver improvement clinic within 90 days of the letter. Failure to complete the course can lead to suspension of your license. If the same driver accumulates 18 points in 12 months or 24 points in 24 months, then their Virginia license will be suspended for 90 days and they will have to complete another driver improvement course. After the course is completed and 90 days have passed, the driver will be placed on a 6-month, DMV-monitored probationary period.
Any driver placed on probation must complete the probation period without being convicted of any new moving violations while on probation. If the individual is successful, they are not out of the woods yet. Instead, they have to then complete an 18-month Control Period. If any new offense is committed while in the Control Period, the driver will be returned to a 6-month probationary period.
If the driver is on DMV probation and commits a new moving violation, they face additional consequences. Any 3-point offenses on probation lead to an automatic 45-day suspension of the individual’s license. Any 4-point offenses on probation lead to an automatic 60-day suspension. And, any 6-point offenses on probation lead to an automatic 90-day suspension. These suspensions are in addition to (or run consecutive to) any existing suspensions. So, if a court suspends the driver’s license for 30 days, and the offense was a 3-point offense committed while on DMV probation, the individual will end up losing their license for 75 consecutive days (45 +35).
It is easy to get caught in the cycle of probation, Control Periods, and license suspensions if you are not careful and are prone to poor driving. Moreover, you are not guaranteed to receive a restricted operator’s license (ROL) while on DMV suspension. All DMV-based ROL applications are completely discretionary. And, if you have committed two or more DMV probation violations and there was no intervening Control Period, then you are prohibited from getting a ROL.
The DMV’s administrative framework is complicated and convoluted at times. It is difficult to understand and easy to get lost in the potential consequences of a traffic infraction. If you have received multiple tickets in a short period of time, you need to be aware of the additional administrative penalties that may accompany an additional conviction. Our attorneys frequently deal with these issues and know how the DMV’s administrative regulations work. Contact the traffic attorneys at Greenspun Shapiro today to find out what a traffic ticket could do to your driver’s license and what options you may have to avoid harsh administrative, and other, penalties.