Maintaining a clean driving record is essential for every Virginia driver. It keeps you safe on the road and helps you avoid costly penalties, increased insurance rates, and the potential for a suspended license. Understanding Virginia’s demerit point system is key to maintaining your driving privileges. Accumulating demerit points can negatively impact your driving record, and knowing how the system works can help you stay in control and avoid serious consequences.
If you’re facing a traffic violation, understanding the complexities of Virginia’s demerit point system is the first step—but it may not be enough. That’s where experienced legal representation can make a difference.
What is the Virginia Demerit Point System?
The Department of Motor Vehicles (DMV) uses a point-based system to track traffic violations in Virginia. When you’re convicted of a traffic offense, demerit points are added to your driving record. The more severe the offense, the more points are added. Accumulate too many demerit points, and you could face penalties such as increased insurance rates, mandatory driving improvement courses, and even the suspension of your driver’s license.
Demerit points remain on your record for two years from the date of the violation, but the conviction itself may stay longer, depending on the severity of the offense. This point system allows the DMV to monitor and evaluate whether drivers are at risk of becoming unsafe on the roads. Accumulating a high number of points can also signal a habit of unsafe driving, putting your driving privileges in jeopardy.
Types of Violations and Demerit Points
Traffic violations in Virginia are categorized into three main tiers based on their severity: three-point, four-point, and six-point violations. Here’s a breakdown of each:
Three-Point Violations
These are relatively minor offenses, but they still add points to your record:
- Improper U-turn
- Speeding 1-9 mph over the speed limit
- Failure to obey a highway sign
- Improper passing of a stopped vehicle
- Failure to yield the right-of-way
Four-Point Violations
Slightly more serious, these violations can increase your points at a faster rate:
- Speeding 10-19 mph over the speed limit
- Passing when unsafe
- Failure to yield to an emergency vehicle
- Following too closely (tailgating)
Six-Point Violations
These are the most severe offenses, which can have serious repercussions:
- Reckless driving
- Driving under the influence (DUI)
- Driving with a suspended or revoked license
- Speeding 20 mph or more over the limit
- Vehicular manslaughter
Each violation adds up, and over time, even a few minor infractions can lead to significant consequences for your driving privileges.
Consequences of Accumulating Demerit Points
Demerit points don’t just disappear overnight. If you accumulate enough points in a short period of time, you could face serious consequences. Here are the thresholds you need to be aware of:
- 12 Points in 12 Months: If you accumulate 12 points within a 12-month period, you will receive a warning letter from the DMV. This is a formal notice that you risk further action if more points are added to your record.
- 18 Points in 12 Months or 24 Points in 24 Months: Accumulating these many points in a short period will result in being placed on probation. You may also be required to complete a driver improvement clinic to reduce the points on your record. Failure to do so could result in a suspended license.
How to Reduce or Remove Demerit Points
The good news is that Virginia offers drivers a way to reduce demerit points by completing a driver improvement course. These courses are designed to help you brush up on safe driving practices and can reduce up to five points from your record. However, remember that you can only take this course voluntarily once every two years to earn these points back.
It’s also worth noting that while demerit points only stay on your record for two years, the traffic violations themselves may stay on your record for much longer. Some convictions, such as DUIs or reckless driving, can stay on your record for up to 11 years, and these can affect your insurance rates long after the points are gone.
Why You Need a Lawyer to Fight Traffic Tickets
Working with an experienced traffic attorney can make a significant difference if you’re facing a traffic violation. A lawyer can help you in several ways, including:
- Fighting the ticket: In many cases, you may be able to contest the violation entirely and get the charges dropped or reduced.
- Reducing points: Even if the violation can’t be dismissed, an attorney can negotiate on your behalf to reduce the charge, potentially lowering the number of demerit points added to your record.
- Avoiding costly penalties: Beyond points, tickets often come with hefty fines, court fees, and possible insurance rate hikes. A lawyer can help mitigate these consequences.
At Driving Defense Law, we specialize in protecting your rights and your driving record. We understand Virginia’s traffic laws and can guide you through the legal process to minimize the impact of a traffic violation.
Wrapping Up
Understanding Virginia’s demerit point system is key to maintaining a clean driving record, avoiding penalties, and keeping your insurance rates low. However, the system can be complex, and fighting traffic tickets is not always straightforward. If you’re facing a traffic violation, don’t leave your driving record to chance—contact Driving Defense Law today for a consultation. We’ll help you protect your driving privileges and get the best outcome possible.
