
Does the Virginia Department of Motor Vehicles (DMV) assess demerit points for accidents?
If my Virginia license is suspended, can I drive in other states?
If I am licensed in Virginia and my privilege to drive is suspended in another state, can I continue to drive in Virginia?
If am licensed in another state and my privilege to drive in Virginia is suspended, can I continue to drive in the state in which I am licensed?
We have discussed how Virginia motorists earn safe driving points for good driving and how the DMV assesses demerit points for moving violations (if you missed that, click here), but how long are the convictions and the points reflected on a Virginia driving record?
Convictions: In Virginia, convictions for moving violations will be reported on the motorist's Virginia driving record for a period of time (three years, five years, eleven years or permanently) which varies depending on the specific offense involved. Some three point violations and four point violations are reflected on a Virginia driving transcript for three years or five years, while others are reported for eleven years, and a select few may show up on the driving record permanently. Most six point violations are reported for at least 11 years, and perhaps permanently, but there are exceptions to that general rule as well.
Points: Unlike the uncertainlty and confusion regarding the length of time a conviction will remain on a Virginia driving record, there is a nice simple rule to follow regarding the length of time demerit points count against a motorist. According to the Virginia DMV, demerit points remain on your record for two years from the date the offense was committed.
People often confuse the date on which demerit points are removed from a Virginia DMV record with the date on which the convictions are removed from a Virginia DMV record. Demerit points will be removed from the Virginia DMV record 2 years from the date of the offense, but the length of time the conviction will remain on the Virginia driving record depends on the specific offense, and could be as short as three years or as long as permanently.
Motorists who are licensed in Virginia and are convicted of a moving violation in another state aren't likely to escape the assessment of points. Pursuant to an interstate agreement, states communicate with one another and it is likely that the Virginia DMV will find out about convictions for moving violations which occurred in other states. Once notified of the conviction, the Virginia DMV will try to correllate the offense to a similar offense under Virginia law and will then assess the number of demerit points which correspond to the Virginia offense which most closely resembles the out of state offense.
To summarize, the length of time a particular conviction will be reported by the Virginia DMV depends on the specific offense invovled, and demerit points are reflected on a Virginia driving record for two years from the date of the offense. Virginia will probably find out about offenses which were committed in other states, and once that happens Virginia will assess the number of demerit points associated with the offense under Virginia law which is most similar to the offense reported to Virginia.
For information about what happens when demerit points start to accumulate and what can be done to offset demerit points, click here.
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The Wilson Law Firm
9300 Grant Ave, Suite 301
Manassas, VA 20110-5073
| Phone: | (703) 361-6100 (540) 347-4944 |
| Fax: | (703) 365-7988 |
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