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VIRGINIA DMV POINT ASSESSMENTS

By: Matthew Snow

In Virginia, convictions for a traffic offense carry demerit (negative) points as either -3 point, -4 point or -6 point violations.  Every newly licensed Virginia driver starts out with 0 points.  For every year without an infraction, +1 point is added to a driverís DMV record.  Attending a driving improvement school/clinic gives a driver +5 points to their current point balance.  The highest positive point balance a driver can have on his/her DMV record is +5 points; once a driver reaches +5, no more positive points are added.  At the other end of the spectrum, once a driver reaches -12 points, DMV may suspend your driverís license.

Below is a list of common driving violations are their associated demerit points.  The number of years that the conviction stays on your DMV record is in parentheses beside each violation.  An asterisk (*) indicates that the conviction remains on your record permanently. Demerit points are assigned to your record for traffic convictions incurred in other states.  As a general rule, non-moving violations (i.e., expired registration, window tint, etc.) do not carry any demerit points.

THREE (3) POINT VIOLATIONS

    Speeding
  • Speeding 1-9 mph above the posted speed limit (5 years)
  • Impeding traffic, slow speed (5 years)
    Passing/Driving

  • Improper passing (3 years)
  • Improper driving (3 years)
  • Improper stopping on highway (3 years)
  • Changing course after signaling (3 years)
  • Failure to give way in favor of overtaking vehicle (3 years)
  • Driving through safety zone (3 years)
  • Unauthorized use of crossover on controlled highway (3 years)
    Turning/Backing
  • Improper turn (3 years)
  • Improper U-turn (3 years)
  • Violation of right turn on red (3 years)
    Signs/Signals
  • Failure to obey highway sign (3 years)
  • Evading traffic control device (3 years)
    Lights
  • Driving without lights/excessive lights (3 years)
  • Failure to dim headlights (3 years)
    Licenses/Permits
  • No Virginia driver's license (3 years)
  • No Virginia license plate (3 years)
  • Failure to obtain a driver's license (3 years)
  • No driver's license - vehicle/motorcycle (3 years)
  • Failure to have license revalidated (3 years)
  • Learner's permit violation (3 years)
  • Permitting unlicensed person to drive (3 years)
  • Driving in violation of restricted license (restrictions related to physical limitation, such as mechanical control device) (3 years)
    Commercial Motor Vehicles
  • Driving commercial motor vehicle with alcohol in blood (*)
  • Driving commercial motor vehicle without license (3 years)
  • Driving commercial motor vehicle without endorsement(s) (3 years)
  • Commercial driver's license/instruction permit violation (3 years)
  • Driving commercial motor vehicle in left lane of interstate (3 years)
  • Driving in excess of 13 hours in a 24-hour period (3 years)
  • Driving school bus without license (3 years)
    Other Violations
  • Failure to stop at the scene of a crash, unattended property (3 years)
  • Failure to report a crash, unattended property, less than $250 damage (3 years)
  • Following/parking within 500 feet of fire apparatus (3 years)
  • Emergency vehicle violation (3 years)
  • Improper driving/riding motorcycle (3 years)
  • Driving with TV screen visible to driver (3 years)
  • Driving while using earphones (3 years)
  • Passenger restriction violation (3 years)
  • Curfew violation (3 years)
  • HOV violation, third or subsequent offense (3 years)

FOUR (4) POINT VIOLATIONS

    Reckless Driving/Speeding
  • Reckless driving - failure to stop before entering a highway (11 years)
  • Speeding (general) (5 years)
  • Speeding 10-19 mph above the posted speed limit (5 years)
    Passing
  • Passing when unsafe (3 years)
  • Passing to the left of approaching vehicle (3 years)
    Stopping/Yielding
  • Failure to drive to the right and stop for police/fire/emergency vehicle (3 years)
  • Failure to stop and yield right-of-way (3 years)
  • Failure to yield right-of-way (3 years)
  • Failure to yield when turning left (3 years)
  • Failure to yield to funeral procession (3 years)
    Keeping to the Right
  • Failure to drive on right half of highway or street (3 years)
  • Failure to keep to the right when crossing an intersection (3 years)
    Following/Signaling
  • Following too closely (3 years)
  • Failure to signal before moving from curb (3 years)
  • Improper signal (3 years)
    Railroad Crossings
  • Failure to obey railroad crossing signal (3 years)
  • Failure to stop at railroad grade crossing (3 years)
  • Failure to stop passenger-carrying vehicle at railroad grade crossing (3 years)
    Railroad Crossings (Commercial Motor Vehicle Drivers)
  • Failure to slow down/stop at a railroad crossing (*)
    Other Violations
  • Operating a motor vehicle while suspended/revoked/restricted with a blood alcohol content of .02% or more (11 years)
  • Failure to stop at the scene of a crash, unattended property, damage in excess of $500 (11 years)
  • Failure to stop at the scene of a crash, property damage (3 years)
  • Aggressive driving (5 years)
  • Failure to obey traffic signal (3 years)
  • Failure to obey lane directional signal (3 years)
  • Failure to obey highway lane markings (3 years)
  • Improper backing, stopping or turning (3 years)
  • Driving the wrong way on one-way highway or street (3 years)
  • Impeding/disrupting funeral procession (3 years)
  • Disregarding police officer's signal to stop (3 years)
  • Disregarding crossing guard/officer's signal (3 years)

SIX (6) POINT VIOLATIONS

    Reckless Driving (Felony or Misdemeanor)
  • Reckless driving - speeding in excess of 80 mph (11 years)
  • Reckless driving - speeding 20 mph or more above the posted speed limit (11 years)
  • Reckless driving - racing (11 years)
  • Reckless driving - passing or overtaking an emergency vehicle (11 years)
  • Reckless driving - passing a school bus (11 years)
  • Reckless driving - passing on the crest of a hill (11 years)
  • Reckless driving - passing at a railroad crossing (11 years)
  • Reckless driving - passing two vehicles abreast (11 years)
  • Reckless driving - driving two vehicles abreast (11 years)
  • Reckless driving - driving too fast for conditions (11 years)
  • Reckless driving - failing to give a proper signal (11 years)
  • Reckless driving - faulty brakes/improper control (11 years)
  • Reckless driving - on parking lots, etc. (11 years)
  • Reckless driving - with an obstructed view (11 years)
  • Reckless driving - generally (11 years)
  • Speeding 20 mph or more above the posted speed limit (5 years)
    Driving Under the Influence
  • Driving while intoxicated (11 years)
  • Driving under the influence of alcohol or drugs (11 years)
  • Driving after illegally consuming alcohol (persons under age 21) (3 years)
  • Driving while intoxicated - maiming (11 years)
    Involuntary manslaughter/alcohol (11 years)
  • Refusing blood/breath test (11 years)
  • Driving while your license is suspended or revoked for driving while intoxicated (11 years)
  • Driving while your license is revoked for driving while intoxicated - maiming (11 years)
  • Driving while your license is revoked for driving while intoxicated - involuntary manslaughter (11 years)
    Manslaughter
  • Manslaughter (11 years)
  • Involuntary manslaughter (11 years)
  • Involuntary manslaughter/aggravated (11 years)
    Habitual Offenders
  • Driving after being declared a habitual offender (11 years)
  • Authorizing person suspended for habitual offender and/or driving while intoxicated to drive (3 years)
    Licenses/Permits
  • Driving on suspended license (11 years)
  • Driving while your license is suspended or revoked (11 years)
  • Driving while your license is suspended or revoked for non-payment of court fines and costs (11 years)
  • Driving under suspension or revocation before giving proof of financial responsibility (11 years)
    Commercial Motor Vehicles
  • Driving commercial motor vehicle while disqualified (*)
  • Driving commercial motor vehicle with blood alcohol .04 or more (*)
  • Driving commercial motor vehicle with blood alcohol .08 or more (*)
  • Driving commercial motor vehicle under influence of drugs/alcohol (*)
  • Refusing blood/breath test while operating commercial motor vehicle (*)
  • Violating out of service order (11 years)
    Other Violations
  • Speeding 20 mph or more above the posted speed limit (5 years)
  • Injuring person while racing - felony (11 years)
  • Failure to stop at the scene of a crash - injury (11 years)
  • Failure to stop at the scene of a crash - death (11 years)
  • Failure to stop at the scene of a crash - property damage of $1000 or more (11 years)
  • Vehicular assault or willful stopping, impeding or damaging vehicle (11 years)
  • Attempting to elude police
    • felony offense (11 years)
    • misdemeanor offense (3 years)
  • Passing stopped school bus (non-reckless) (3 years)
  • Operating unsafe vehicle (3 years)

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Disclaimer:  This information is intended for general interest only.  It is not intended to be nor should it be deemed as legal advice.  Please consult with one of our experienced lawyers at Biberaj & Snow for the best advice specific to your needs.