HANCOCK LAW OFFICEPLLC
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Offenses and Points | Driver License Compact | License Reinstatement
VIRGINIA DMV
Each state has its own rules to assess driver points for offenses. Virginia has three ranges of d
emerit 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 newly licensed driver in 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 five (5) points. The best point value a Virginia driver can acheive is 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. For links on how to obtain your driving record Select here1. Serious traffic offenses such as driving while intoxicated in violation of §18.2-266, persons under age twenty-one driving after illegally consuming alcohol in violation of §18.2-266.1, reckless driving in violation of §46.2-852, speeding twenty or more miles per hour above the posted speed limit, racing in violation of §46.2-865, and other serious traffic offenses as the Commissioner may designate, shall be assigned six demerit points.
2. Relatively serious traffic offenses such as failure to yield the right-of-way in violation of §§46.2-820 through 46.2-823, speeding between ten and nineteen miles per hour above the posted speed limit, following too closely in violation of §46.2-816, failure to stop when entering a highway in violation of §46.2-863, aggressive driving in violation of §46.2-868.1 and other relatively serious traffic offenses as the Commissioner may designate, shall be assigned four demerit points.
3. Traffic offenses of a less serious nature such as improper driving in violation of §46.2-869, speeding between one and nine miles per hour above the posted speed limit, improper passing in violation of §46.2-838, failure to obey a highway sign in violation of §46.2-830 and other offenses of a less serious nature as the Commissioner may designate, shall be assigned three demerit points.
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 occured in the driver's home state. The home state will also assess points according to that states' rules for a given offense occuring out-of-state and will also enforce a license suspension as a result of an out-of-state conviction. Not all states are members of the Driver License Compact. Learn more
Laws relating to the DMV also govern the procedures for getting a driver's license reinstated. Depending upon the reason for a license suspension or revocation, getting back behind the wheel may require simply complying with any suspension period and paying the DMV a reinstatement fee or petitioning a Circuit court to request reinstatement. For most suspensions, once the suspension period is completed, an individual can drive once a reinstatement fee has been paid to the DMV. For those with a first or second DUI conviction, getting a license reinstated will require the additional completion of Virginia's ASAP program unless the individual is exempted from the program by a court with jurisdiction and for good cause shown.
More complex procedures exist to reinstate a license which has been revoked for multiple DUI convictions or for certain other serious DUI related offenses. Virginia Code §46.2-391 provides the steps necessary for license reinstatement under these circumstances. The procedures require:
- a minimum revocation period of five (5) years
- the individual petition a Circuit court with proper jurisdiction to request license reinstatement
- the individual receive an evaluation from Virginia ASAP which results will be sent to the Circuit court with a recommendation
- the individual present evidence that he/she is no longer dependent on alcohol or drugs and is no longer a threat to himself/herself or other drivers
Whether the individual will have his license restored is within the Court's discretion and the Court may allow instead, a restricted operator's license. As part of the restricted license, the Court may place conditions and require the individual be monitored by ASAP for compliance.
Having a driver's license is often a privilege we take for granted until it's been taken away. If you have met the statutory requirements for the revocation period, it may be the right time to request license reinstatement.