POINTS, DMV AND THE DRIVERS LICENSE COMPACT

Each state has its own rules to assess driver points for offenses. Virginia has three ranges of demerit point values representative of minor traffic infractions to more serious offenses. For instance minor infractions are assessed three demerit points, moderately serious offenses receive four demerit points and the most severe receive six. This assessment scheme is outlined under Virginia Code §46.2-492 and provides several examples of offense types.

Typically, a new driver to Virginia will begin with a "0" balance driving record. For each year the driver maintains a clean driving record, the DMV will reward the driver with a positive point up to a maximum of five (5) points. The best point value a Virginia driver can achieve is a driving record reflecting a +5. On the contrary, when a driver is convicted of a moving violation, the driver will receive demerit points based upon the nature of the offense according to the above scheme. For instance, a driver with a +1 point balance who receives a conviction for reckless driving will receive six (6) demerit points and a new balance total of -5. Courts generally do not look favorably upon driving records with negative point values and a combination of negative points received for moving violations can result in a license suspension by the DMV. It is a good idea to obtain your driving record whenever you face any charge which may affect that record.

Questions often arise whether a conviction in Virginia will have an effect on an out-of-state driver. For the most part, the answer is yes. Under terms of the Driver License Compact, member states agree to share information regarding traffic convictions, penalties and suspensions. Virginia's adoption of the Driver License Compact is found in Virginia Code §46.2-483 which provides, in part:

Article III

Reports of Conviction

“The licensing authority of a party state shall report each conviction of a person from another party state occurring within its jurisdiction to the licensing authority of the home state of the licensee. Such report shall clearly identify the person convicted; describe the violation specifying the section of the statute, code or ordinance violated; identify the court in which action was taken; indicate whether a plea of guilty or not guilty was entered, or the conviction was a result of the forfeiture of bail, bond or other security; and shall include any special findings made in connection therewith.”

The effect of the statute is to provide uniform enforcement of violations which occur in member states. Thus, a conviction in Virginia for a moving violation by an out-of-state driver will be recorded on the driver's home state driving record as if the offense had occurred in the driver's home state. The home state will also assess points according to that states' rules for a given offense occurring out-of-state and will also enforce a license suspension as a result of an out-of-state conviction. However, not all states are members of the Driver License Compact, vary in how they apply the compact with respect to their state and vary on how they calculate points as the result of an out-of-state traffic conviction.