Chesterfield Uniform Demerit Point System
The Uniform Demerit Point System is a point value assessment done by the Virginia Department of Motor Vehicles. The Virginia DMV assigns points for traffic offenses, misdemeanors, or for any moving violation for which you are convicted or prepay. The point values range anywhere from 3 points up to 6 points if it is more aggravated case. The more severe the charge the more substantial the point value that’s assigned for each violation. If you receive too many demerit points within a certain period of time your license will be suspended or revoked.
Additionally you do not have to ability to challenge demerit points once they are issued but instead can only challenge the underlying offense. For this reason it is important to consult with a Chesterfield speeding ticket lawyer as soon as you are cited so that they can fight the initial charge and keep you from having demerit points added to your license at all.
Determining Points Assigned To a Particular Offense
DMV determines the points assigned for each offense based on the severity of the charge. A very minor speeding violation comes with 3 points, while a significant charge like reckless driving or DUI comes with 6 points.
Demerit points remain on your driving record for two years from the date the offense was committed. The date the demerit points are removed from your record though are not related to when the convictions are removed. In other words, while the points may no longer be affecting you, the charge itself will usually remain on your records for quite some time so that courts can review your prior record.
Accumulating Too Many Points in Chesterfield
If you accumulate too many points, your license could be suspended. For example 12 points in twelve months or even 18 points in twenty four months will put you on notice with DMV and you will require you to attend a driver improvement clinic. If you fail to comply with this requirement, DMV can administratively suspend your license.
In addition to that if you were to accumulate 18 points in twelve months or 24 points in twenty four months, DMV will automatically suspend your privilege to drive for anywhere from thirty days up to six months.
High point accumulation can result in an administrative license suspension by DMV. If there’s a license suspension issued by DMV, you’ll then be required to obtain what’s called SR-22 or high risk insurance. This insurance can be prohibitively expensive and you’re usually required to have that for a minimum of three years.
Does a Uniform Demerit Point System Apply To Out-of-State Licenses?
Uniform Point System can apply to out-of-state license. If convicted in Virginia, DMV will contact your home state to notify them of the conviction and the points applied. Your home-state will then impose the amount of points you would have received had you been convicted there.
Ways To Challenge The Points Assessed To Your License
You can only challenge the points assessed to your license if there’s an error in the application. In other words if there’s an issue where the wrong charge was reported on your license and/or there is an error in the court’s clerk’s office in applying the charge or in DMV’s office in applying the charge, but that will be the only way to challenge points that are assessed.
The main process for getting points removed if there’s an error found in the application will be to request what’s called an administrative hearing from DMV. You will have to apply for an administrative hearing with DMV and these hearings can sometimes be in person or over the phone.
How a Chesterfield Traffic Lawyer Can Help
A Chesterfield attorney can assist with attempting to request an administrative hearing if there’s an error and represent you at this hearing. In addition, an attorney can assist you in obtaining a restricted operator’s license if a suspension is issued by DMV and providing legal guidance if you get future tickets by attempting to get those charges reduced or dismissed.