The Department of Motor Vehicles (DMV) has a point assessment system that evaluates and penalizes drivers for dangerous or reckless driving. It also assesses safe points for good driving. The system is called the DMV point assessment for moving violations. Under the system, you accumulate infraction points on your driver’s record every time you are convicted of a driving offense. If these negative points accrue over time, the DMV could take disciplinary action, such as cancellation of the driver’s license (DL) or suspension, and the requirement to enroll in and complete a driver improvement course, also called a defensive driving clinic.

Accumulating negative points can have devastating consequences. Therefore, you are encouraged to aggressively fight traffic or driving offenses to avoid conviction and subsequent point accumulation. We have experienced driving offense attorneys at the Virginia Criminal Attorney to help you defeat the accusations in Fairfax and Northern Virginia.

Virginia’s DMV Point System For Moving Infractions At a Glance

Motorists in Virginia earn safe points for a good driving record. The state punishes drivers for dangerous driving the same way it rewards motorists with a good driving record. The state uses the DMV point system to find and monitor moving violations committed by motorists. Each time you, a motorist, engage in a traffic violation, the DMV assesses you for a calculated number of demerits or negative points on your record. When you accrue specific negative points within a given duration, you risk punishment like DL suspension or cancellation. The decision to withdraw your DL depends on:

  • Your age
  • Type of traffic violation
  • The negative points in your record within a stipulated time.

Regarding age, adult drivers risk driving privilege withdrawal or revocation depending on the negative points assembled in a stipulated period. If you accumulate twelve points within one year or eighteen points in two years, you must enroll in a ninety-day driver improvement course to avoid withdrawal of your DL.

However, the option to prevent DL revocation will be unavailable if, as an adult, you assemble eighteen demerit points within one year or twenty-four points in two years. Assembling these points within the stipulated duration will automatically suspend driving privileges for ninety days. Additionally, the DMV will require you to enroll and complete a motorist improvement clinic before reinstating your driving privilege.

For underage drivers between 18 and 19 years, the DMV requires that you attend a defensive driving course every time they assess a negative point on your record. If you fail to enroll and complete the program, the DMV will suspend your DL and impose other penalties.

Fresh drivers younger than 18 face more stringent penalties for violation point accumulation. When you are a newly licensed driver under 18 years old, the DMV will impose a mandatory driver improvement course lasting ninety days in place of DL revocation under the following circumstances:

  • The court convicts you of an infraction that earns you demerit points regardless of the point kind or tally
  • You commit a safety belt infringement, or the court issues a guilty verdict for a child safety restraint offense

You risk automatic driving privilege withdrawal if:

  • You have two prior sentences for violations resulting in points when you are under 18. Under these circumstances, the automatic DL suspension lasts for ninety days.
  • You have accumulated three prior convictions for offenses that lead to points. The suspension in these situations lasts for no more than twelve months or until your 18th birthday.

Understanding How the DMV Point System Operates

Virginia categorizes traffic offenses that lead to demerit points according to the assessed points per misdemeanor. The negative points for out-of-state traffic violations will also be assigned to your report. In addition to the infraction points assembled on your driving history, serious traffic offenses can result in additional penalties, including the payment of colossal monetary court fines.

Points Assigned for Moving Violations

VA statutes classify traffic and moving violations based on the number of points a guilty verdict attracts. A violation can lead the DMV to assign three, four, or six points. Severer driving offenses like reckless driving or operating a vehicle while impaired by substance or alcohol carry more prominent demerit points.

Therefore, the DMV will classify your driving offense depending on its assigned points. What happens to violations that do not attract negative points? The DMV will update these on your record regardless of the lack of points.

When the court convicts you for a reckless driving offense, they will report the conviction to the DMV, who will assign you six demerit points. Reckless driving entails offenses like operating a vehicle in a parking lot, speeding, or racing on a public highway or street. Also, the DMV will assign on your report six points if you are convicted of a drunk or drugged driving offense. Other driving offenses whose guilty verdict results in the accumulation of six negative points are:

  • Vehicular manslaughter
  • Habitual traffic offenders (HTO)
  • Attempting to avoid law enforcement
  • Driving beyond the designated speed by twenty or more miles per hour (MPH)
  • Operating a motor vehicle when your DL has been canceled or withdrawn
  • Fleeing the scene after a hit-and-run accident
  • Driving an unsafe car
  • Operating a commercial vehicle while drunk or drugged, disqualified, declining chemical testing while operating a commercial motor vehicle, or contravening an out-of-service injunction for your commercial auto.
  • Emergency car violation leading to loss of life

Moving violations whose convictions accumulate four demerit points include:

  • Tailgating or trailing
  • Exceeding the designated speed limit by 19 MPH
  • Refusal to stop or give way
  • Failure to give way during a left turn
  • Refusal to give way to a funeral cortege
  • Aggressive driving
  • Ignoring a traffic officer’s signal to pullover
  • Passing under unsafe circumstances or to the left side of an oncoming car
  • Refusal to drive your vehicle on the right half of a public highway or two-way street or refusal to stay on the right side of the road when passing an interchange
  • Ignoring road crossing signals
  • Refusal to stop when entering a highway and to give way to pedestrians

Moving violations whose conviction attracts three points on your report by the DMV are:

  • Curfew infringement
  • Improper driving
  • Operating a car with headphones on
  • Operating a vehicle while the TV screen is visible to the person behind the wheel
  • Passenger restriction infringement
  • Exceeding the speed limit by 9 MPH
  • Impeding traffic or driving at a low speed
  • Texting while operating a commercial vehicle
  • Refusal to leave a car accident scene after a signal from a responding police officer to do so
  • Refusal to report an accident or property damage that is no more than $250
  • Trailing or parking with five hundred feet of firefighting equipment

Penalties for Moving Violations

Virginia imposes harsh retribution for traffic offenses to punish drivers and discourage others from the same conduct. Also, drivers convicted of these violations must meet particular conditions set by the DMV or the court to avoid further punishment.

Reckless driving and DUI are some of the moving violations whose guilty verdict attracts a maximum of six points. Reckless driving penalties when convicted include:

  • $350 to $500 in court fines, depending on the speed of the car
  • At most, twelve months of jail confinement

If you are a first-time offender, the court can sentence you to community labor instead of incarceration. The court will impose alternative sentencing based on the impression you create. If you have enrolled in driver improvement or dangerous driving classes, the court can reduce the jail sentence or impose alternative penalties.

Also, when the court reports the guilty verdict to the DMV, they will assign six points to your report. When you accumulate a given amount of points in one or two years or have repeatedly engaged in reckless driving, the DMV will suspend your DL.

A conviction for racing will result in loss of driving privilege for no more than twenty-four months and is filed as a Level 1 misdemeanor.

A DUI or DWI conviction results in severe legal penalties apart from the six points the DMV assigns your record. The kind of punishment you will face when convicted depends on whether the offense is filed as a misdemeanor or felony. Felony convictions are classified from Class One to Class Six, with Class 1 felonies attracting the harshest penalties. Most DUI offenses involving alcohol impairment are classified as Level 6 felonies. A conviction attracts twelve to sixty months of prison confinement. The jury or bench can impose a reduced sentence depending on the case's circumstances. The reduced sentence entails at most twelve months of jail confinement and no more than $2,500 in court fines.

Misdemeanor convictions are also grouped into classes, with Level 1 misdemeanors in jail incarceration for twelve months and, at most, $2,500. When the court convicts you of drunk driving when you are below 21, the penalties you will face are:

  • Twelve months of DL suspension
  • At least $500 in court fines
  • At least fifty hours of community hours

The penalties for adult drivers are severe. Also, DUI is a priorable offense, meaning that subsequent convictions for the same offense will attract harsher penalties.

Fighting Moving Violation Charges

When arrested for a traffic violation, you should check if the arrest results in a criminal charge. Receiving a criminal charge for a traffic offense will ruin your days and other aspects of your life, like work, school, relationships, and daily activities. If you do not put up an intense fight against the accusations and are convicted, you could lose your driver’s license. You will be forced to rely on friends, family, or public transport to work, school, or DUI school.

Additionally, your job will be on the line if the violation results in jail or prison sentence, as your employer will fire you after skipping work for several days.  Even if the conviction does not result in license suspension or incarceration, the court could impose heavy fines that could cause financial problems. As a result, you require an attorney to prevent a guilty verdict or obtain a favorable outcome that does not assemble points in your record.

If you do not want to pay court fines, lose your driving privilege, or spend time in jail or prison, you should consider hiring an experienced attorney to defend you against the moving violation charges. An attorney will explain how the point system works and how to avoid accumulating points by putting up a strong defense to prevent demerit point accumulation and other legal penalties associated with a guilty verdict for a driving offense.

Many people make the mistake of appearing before a judge for traffic violations without legal representation. They take the charges lightly and end up with a conviction. Later, they are disappointed to learn that they have accumulated negative points in their driving reports. It is not the court that imposes these points. It is the DMV in an administrative proceeding. However, you cannot know this without legal representation and guidance.

An attorney will help you fight the accusations. Additionally, they will represent you in the administrative proceeding with the DMV to prevent a suspension or negative point assignment.

Fixing Your Driving Report

Even with the help of an attorney, if the evidence against you is overwhelming, it can be difficult to prevent a guilty verdict. However, you still have a chance to fix your record even after damaging it. The DMV point system rates drivers for good and bad driving habits. Therefore, if you have accumulated demerit points in your report, you can still fix the record by accumulating good points. The way to do this is to drive safely and avoid legal trouble. The DMV assigns you a safe point every year you complete without a traffic offense conviction. If you accrue multiple safe points, you can use them to redeem the demerit points stemming from bad driving habits. The maximum number of safe points you can accrue in Virginia is five.

Apart from safe driving, you can earn safe points by enrolling in and completing a traffic school or driver improvement course. Also, completing the traffic education program before a conviction for a DUI violation can result in charge dismissal.  Whether the court will drop the ticket charges after completing traffic school hinges on the case’s circumstances. The DMV or judge can also be required to complete a driving safety program.

The DMV does not award points without evidence. Therefore, you must submit court documents to the school you enroll in. Without the traffic school receiving the documents, there will be no proof of enrollment when the DMV needs it, meaning you will not earn safe points. Consult with your defense attorney to understand the requirements for enrolment in the course and the evidence the DMV requires to assign you safe points. Without understanding all the requirements, you could join the program and still not earn good points. Talk to your attorney about the options you can explore to fix your dented driving record.

The Process of Assessing Points After a Moving Violation

Point assembling begins with an arrest for a traffic violation and criminal charges. When convicted of the driving offense, the court informs the DMV of the verdict. The agency then does the following:

  • Post the guilty verdict on your report
  • Assign you demerit or negative points based on the severity of your violation
  • If you have accrued multiple negative points within a provided duration, impose a driving privilege suspension if applicable
  • Instruct you to enroll and complete a traffic school or driver improvement course
  • Inform your car insurer, if necessary, to make adjustments to your insurance policy

Safe and Negative Points

The DMV issues safe points under the point system as a reward for good driving. Demerit points, also called negative or violation points, are assigned to your report when the court convicts you of traffic offenses. The negative points stay on your report for two years from the violation date. The points continue to accumulate with subsequent guilty verdicts. Negative point assessments can have severe adverse effects because the court could rely on them to enhance penalties for subsequent charges and convictions. Additionally, the DMV could prolong DL suspension or revocation if you have accumulated excessive points in your report.

In contrast, safe points are assigned when you go for a year or twelve months without a traffic violation. However, you cannot accrue more than five safe points in twelve months. The yearly safe points are assigned to your record every month of April. Even though safe points are awarded for good driving habits, completing a drive improvement course can earn you five points, which you can redeem or use to protect yourself against future driving offenses. For example, when you have accrued five safe points and are arrested for a traffic violation like aggressive driving that earns 4 demerit points, you can redeem four of your safe points to cushion yourself from the negative points, leaving you with one safe point.

The Period of the Negative Points Will Appear on your Report

The DMV violation points appear on your record for 24 months from the violation date. The date the DMV removes the points from your record differs from when the conviction leading to the points is expunged or removed from your criminal history. It means you could have a conviction on your criminal record but no negative points on your report. Most convictions stay on your report longer than the negative points.

A conviction for reckless and drunk driving stays in your report for eleven years. The sentence could remain on your record longer if you obtained a revocation, suspension, or disqualification order.

Driver Improvement Course or Clinic

As much as the DMV punishes drivers who engage in traffic violations, it offers them a chance to repeat the same mistakes in the future by requiring offenders to enroll in a traffic school or defensive driving program. The course helps drivers who have adopted lousy driving habits to drop them and learn safe driving. The program also rewards motorists for safe driving and warns those with dangerous driving habits.

Whether or not you are ordered to engage in the defensive driving course, you should consider it because of the following reasons:

  • To earn five safe points
  • To lower your vehicle insurance coverage
  • To unlearn lousy driving habits and learn good ones
  • For the dismissal of a traffic ticket
  • It is beneficial for a commercial car driver to complete the course
  • A condition by the court to complete defensive driving training tailored for commercial drivers
  • A requirement by the DMV to complete a defensive driving course tailored for commercial driver
  • To receive insurance premium discounts to lower the cost of your vehicle insurance

You can also attend the program voluntarily without the court's or DMV's directions. The requirements you must meet to enroll in the defensive driving course are:

  • A government-issued identification photo
  • Informing the program provider of your reasons for enrolment

If the program is court-imposed, you must provide the clinic with documentation from the judge if the DMV is to award safe points upon completion. Without the court documents, you will not receive points from the DMV.

Once you complete the program, you should notify the DMV electronically within 24 hours.

Effects of Points on Insurance Premiums

If you take the initiative to adopt and learn good driving practices, you will have fewer legal problems, earning safe points. These safe points can compel your insurer to revise their rates downward. Besides, defensive driving means fewer claims. If your risk of accident or property damage is low, insurers will offer discounts or charge lower insurance premiums.

Car insurers allow their clients to apply for defensive driving discounts. Also, drivers can take these clinics once every few years for discounted insurance premiums. However, you should know that these discounts are only available if you complete and pass the course.

These discounts will not apply if the clinic is court-imposed, or you must submit an SR-22 form to the DMV for license reinstatement. 

Find an Experienced Driving Offenses Attorney Near Me

A criminal charge for a traffic or driving offense can have life-changing effects on all aspects of your life if you take it lightly and are convicted. A conviction for the offense attracts severe legal penalties. Additionally, it results in demerit point accumulation, which, if not checked, could lead to license suspension or mandatory defensive driving classes. Therefore, consider talking to the Virginia Criminal Attorney when charged with a driving offense in Fairfax and Northern Virginia. Our defense attorneys will explain the DMV point system, the negative points you are likely to accumulate, and how to prevent these points and fix your record. Call us at 703-718-5533 for a no-obligation case examination.