Richmond Uniform Demerit Point System

If you are accused of committing any traffic violation in Virginia part of the penalty associated with your citation will be demerit points which can lead to a suspended or revoked license. Below a reckless driving lawyer in Richmond discusses the demerit points system and what drivers should know if they are facing any type of charge. To learn more about the demerit point system or discuss what impact it may have on your case, call and schedule a consultation with an attorney today.

What Is The Uniform Demerit Point System?

The Uniform Demerit Point System is a point value assessment assigned by the Virginia Department of Motor Vehicles for traffic offenses, misdemeanors, etc. DMV assesses points for the offenses you are found guilty of or that you prepay.  The point values range anywhere from 3 points up to 6 points if it is a more aggravated case.

The points are assigned to the particular offense based on the severity of the charge, for instance, a simple speeding ticket comes with 3 points while a reckless driving charge comes with 6 DMV points.

Demerit points remain on your driving record for two years from the date the offense was committed. While the demerit points may be removed after this period, the conviction will remain on your record for significantly longer.

What Happens When You Accumulate Too Many Points?

If you accumulate too many points over a period of time, it can result in a license suspension. For instance, if you were to get 12 points in twelve months or 18 points in twenty-four months, DMV will typically contact you and require you to do a driving school. If you don’t complete the driving school within the time period required by DMV, they will suspend your license.

In addition to that, if you accumulate 18 points in twelve months or 24 points in twenty-four months, DMV will suspend your license and they can suspend your license anywhere from thirty days up to six months.

Richmond, Virginia includes points from infractions from all jurisdictions throughout the Commonwealth. If you get a ticket in any part of the state, it will be equally applied to your driving record for purposes of points assessed.

Does The Uniform Demerit Point System Apply To Out-of-State Licenses?

The Uniform Demerit Point System does apply to out-of-state drivers and how they are reported. If you are convicted of a violation in Virginia, the Virginia DMV will report the matter to your home state’s motor vehicle bureau.  Under the Interstate Compact, your home-state will then assess the points that would be applied had you been convicted in your own state.

Is There Any way To Challenge The Points Assessed To Your License?

There are only a few ways to challenge points, you can’t challenge the points just because you don’t like them. Unfortunately, the only way to really challenge the points assessed by the DMV is if you can show there was an error in applying the points. In other words, if DMV is reporting a charge that you were not convicted or applying the wrong amount of points.

If you can show that there was an error in reporting the points or reporting the charge, you can request an administrative hearing with DMV.  During this hearing you would need to provide documentation showing that there was an error in the application of the points or application of the charge.

How Can a Richmond Traffic Lawyer Help If Your Demerit Points Jeopardize Your Driving Privileges?

An attorney can assist if these points jeopardize your driving privileges by assisting with administrative hearing. Also, should there be an administrative suspension of your license for point accumulation an attorney can help you petition for a restricted operator’s license to get to and from work.

DMV does allow for what’s called a hardship license if you are suspended. This license is for, driving to and from work, to and from school, to and from medical appointments, basically the things you have to do.  Lastly, an attorney can help avoid future damage to the record if you get future charges or continue to get traffic infractions, obviously the attorney can appear in court to try and get those matters reduced or amended to something that may not affect your record as badly.

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