Driving Demerit Point Penalties

If you are found guilty of a traffic offense the Court will notify the Department of Motor Vehicles automatically and the DMV will do the following:

  • Post the new conviction to your driving record;
  • Assign demerit points to your record depending on the severity of the offense;
  • Issue a Suspension Order, if applicable;
  • Issue an Order to complete a driver improvement course, if applicable;
  • If requested, notify you insurance company.

Traffic Violations can carry a different number of Driving Demerit Points and can stay on your record for a number of years. The length of time a conviction stays on your driving record will depend on the severity of the offense. The Driving Demerit Points can be removed from your record at a rate of 2 points a year, or up to 5 points in 24 months if you complete a Driver Improvement Course, however the conviction will remain on your record longer, depending on it’s nature.

Below is a list of the most common Traffic Violations listed by the number of Driving Demerit Points, in Parenthesis are the number of years the conviction will still remain on your Driving Record:

Six Point Violations

Reckless Driving (Felony or Misdemeanor)

  • Reckless Driving – speeding over 80 mph (11 years)
  • Reckless Driving – speeding over 20 mph or more above the limit (11 years)
  • Reckless Driving – racing (11 years)
  • Reckless Driving – overtaking or passing an emergency vehicle (11 years)
  • Reckless Driving – passing a school bus (11 years)
  • Reckless Driving – passing the crest of a hill (11 years)
  • Reckless Driving – passing as a railroad crossing (11 years)
  • Reckless Driving – passing two vehicles abreast (11 years)
  • Reckless Driving – driving too fast for the conditions (11 years)
  • Reckless Driving – failing to give a proper signal (11 years)
  • Reckless Driving – faulty brakes/improper control (11 years)
  • Reckless Driving – with an obstructed view (11 years)
  • Reckless Driving – general (11 years)

Driving Under the Influence

  • Possess or consume alcoholic beverage while operating a school bus transporting children (remains on record permanently)
  • Driving While Intoxicated (11 years)
  • Driving While Intoxicated felony (11 years)
  • Driving Under the Influence of Alcohol or Drugs (11 Years)
  • Driving Under the Influence of 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 Suspended or Revoked for Driving While Intoxicated – maiming (11 years)
  • Driving While you License is Revoked for Driving While Intoxicated – involuntary manslaughter (11 years)
  • Operating without Ignition Interlock – DMV requirement (11 years)

Manslaughter

  • Manslaughter (11 years)
  • Involuntary Manslaughter (11 years)
  • Involuntary Manslaughter/Aggravated (11 years)

Habitual Offenders

  • Driving After Having Been Declared Habitual Offender (11 years)
  • Allowing a person to drive when Suspended for habitual Offender and/or Driving While Intoxicated (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 (remains on record permanently)
  • Diving Commercial Motor Vehicle with Blood Alcohol .04 percent or more (remains on record permanently)
  • Diving Commercial Motor Vehicle with Blood Alcohol .08 percent or more (remains on record permanently)
  • Driving Commercial Motor Vehicle Under the Influence of Drugs (remains on record permanently)
  • Driving Commercial Motor Vehicle Under the Influence of Drugs/Alcohol (remains on record permanently)
  • Refusing Blood/Breath Test While Operating Commercial Motor Vehicle (remains on record permanently)
  • Violating Out of Service Order (15 years)

Other Violations

  • Speeding 20 mph or more above the posted speed limit (5 years)
  • Injuring Person While Racing – felony (11 years)
  • Causing Death or a Person While Racing (11 years)
  • Failure to Stop at 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 $1,000 or more (11 years)
  • Fail to Change Lane/Slow Down for Vehicle Displaying Flashing Lights – death (11 years)
  • Vehicular Assault or Willful Stopping, Impeding or Damaging Vehicle (11 years)
  • Blocking Access to Service Facility (11 years)
  • Attempting to Elude Police – felony (11 years) misdemeanor (3 years)
  • Operating Unsafe Vehicle (3 years)

Four Point Violations

Reckless Driving/Speeding

  • Reckless Driving – failure to stop before entering a highway (11 years)
  • Speeding (5 years)
  • Speeding 10-14 mph over the posted speed limit (5 years)
  • Speeding 15-19 mph over the posted speed limit (5 years)
  • Speeding 10-19 mph over 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 for Pedestrian with White Cane (3 years)
  • Failure to Stop and 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 the Right Half of Highway or Street (3 years)
  • Failure to Keep to the Right when Crossing an Intersection (3 years)
  • Driving to the Left of Rotary Traffic Island (3 years)

Following/Signaling

  • Following Too Closely (3 years)
  • Failure to Signal Before Moving from Curb (3 years)
  • Improper Signaling (3 years)

Railroad Crossings

  • Failure to Obey Railroad Crossing Signal (3 years)
  • Failure to Stop at Railroad Grade Crossing (3 years)
  • Failure to Keep to the Right at a Railroad Crossing (3 years)
  • Failure to Stop Passenger-Carrying Vehicle at Railroad Grade Crossing (3 years)
  • Railroad Crossing/Stopping (3 years)
  • Improper Operation of Crawler-Type Tractor Over Railroad Crossing (3 years)

Railroad Crossings (Commercial Motor Vehicle Drivers)

  • Failure to Slow Down/Stop at a Railroad Crossing (remains on record permanently)
  • Failure to Have Sufficient Space to Drive through a Railroad Crossing (remains on record permanently)
  • Failure to Obey Traffic Control Device or Enforcement Official at a Railroad Crossing (remains on record permanently)
  • Failure to have Sufficient Undercarriage Clearance at a Railroad Crossing (remains on record permanently)

Other Violations

  • Operating a Motor Vehicle While Suspended/Revoked/Restricted with a Blood Alcohol Content of .02 percent 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)
  • Fail to Change Lane/Slow Down for Vehicle Displaying Flashing Lights – property damage, and/or injury (5 years)
  • Aggressive Driving (5 years)
  • Failure to Obey Traffic Signal (3 years)
  • Failure to Obey 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)

Three Point Violations

Speeding

  • Speeding 1-9 over the posted speed limit (5 years)
  • Impeding Traffic, Slow Speed (5 years)

Passing/Driving

  • Improper Passing (3 years)
  • Improper Passing on the Right (3 years)
  • Improper Driving (3 years)
  • Improper Stopping on Highway (3 years)
  • Changing Course After Signaling (3 years)
  • Coasting with Gears in Neutral (3 years)
  • Failure to Give Way in Favor of Overtaking Vehicle (3 years)
  • Failure to Give Way when Abreast of Another Car (3 years)
  • Driving Through Safety Zone (3 years)
  • Driving Over Fire Hose (3 years)
  • Driving an Electric Mobility Device, Toy or Bicycle on Highway (3 years)
  • Driving a Moped on Interstate Highway (3 years)
  • Failure to Exercise Due Care – collision with pedestrian (3 years)
  • Driving/Riding on Sidewalk (3 years)

Turning/Backing

  • Improper Turn (3 years)
  • Improper U-Turn (3 years)
  • Violation of Right Turn on Red (3 years)
  • Violation of Left 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)
  • Parking without Proper Lights Displayed (3 years)
  • Inadequate Hazard Lights (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)
  • Lerner’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 (remains on record permanently)
  • Driving Commercial Motor Vehicle without License (3 years)
  • Driving Commercial Motor Vehicle with More than One Driver’s License (3 years)
  • Driving Commercial Motor Vehicle without Endorsement (3 years)
  • Driving Commercial Motor Vehicle without License in Possession (3 years)
  • Commercial Driver’s License/Instruction Permit Violation (3 years)
  • Texting While Operating Commercial Motor Vehicle (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 Public Passengers carrying Vehicle Under Age (3 years)
  • Driving Bus Transporting School Children without a Safety Belt (3 years)
  • Driving School Bus without License (3 years)
  • Driving School Bus Under Age (3 years)
  • Using Wireless Device While Operating School Bus (3 years)
  • Vehicle Height Exceeds Limit for Tunnels (3 years)

Other Violations

  • Failure to Stop at the Scene of a Crash, Unattended Property (3 years)
  • Failure to Leave to the Scene of Crash at the direction of Officer (3 years)
  • Failure to Report Crash, Unattended Property, less than $250 damage (3 years)
  • Following/Parking within 500 feet of Fire Apparatus (3 years)
  • Failure to Change Lane/Slow Down for Vehicle Displaying Flashing Lights (3 years)
  • Drinking While Driving (3 years)
  • Improper Driving/Riding Motorcycle (3 years)
  • Driving with TV Screen Visible to Driver (3 years)
  • Driving While Using Earphones (3 years)
  • HOV Violation, Second or Subsequent Offense – Northern Virginia Planning District 8 (5 years)

 

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