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Reckless Driving Lawyer Norfolk VA

Reckless Driving

Written by maria on . Posted in Reckless Driving.

Reckless driving is a serious offense in Virginia as it is punishable as a Class 1 misdemeanor under Virginia Code 46.2-868.

If you find yourself holding a ticket for reckless driving, contact Driving Defense Law as you could be facing a criminal record. We are a local law firm of experienced attorneys who care about you and your future. Do not allow a reckless driving charge to negatively impact your future!

Reckless driving is a serious offense in Virginia that can lead to a criminal conviction, which can be punished by up to 12 months in jail and a $2,500 fine.

In Virginia, reckless driving is defined under Section 46.2-852 of the Code of Virginia. The statute broadly defines reckless driving as operating a motor vehicle with a willful or wanton disregard for the safety of others or their property.

Reckless driving is considered a Class 1 misdemeanor in Virginia. A conviction for reckless driving can result in the following legal consequences:

  1. Criminal Record: Reckless driving convictions in Virginia are recorded as misdemeanor offenses on an individual’s criminal record. This can have lasting negative implications on one’s personal and professional life, potentially affecting employment opportunities, educational pursuits, and military security clearance.
  2. Penalties and Fines: Those found guilty of reckless driving may be punished with fines up to $2,500. Additionally, the court may impose other costs, surcharges, or fees.
  3. Driver’s License Suspension: The court has the authority to suspend an individual’s driver’s license for a period of time as a consequence of reckless driving. The length of the suspension is determined by the severity of the offense and the driver’s previous driving record.
  4. Insurance Premium Increases: Reckless driving convictions can lead to significant increases in automobile insurance premiums. Insurance providers may consider reckless driving as a high-risk behavior, resulting in higher rates or even policy cancellation.
  5. Criminal Penalties: Reckless driving is a criminal offense, and in some cases, a conviction may jail time. Reckless driving can be punished by up to 12 months in jail.

Given the potentially severe legal consequences associated with reckless driving in Virginia, it is crucial for individuals facing charges to seek legal representation. Here are some key reasons highlighting the importance of legal representation in reckless driving cases:

  1. Knowledge of Virginia Traffic Laws: Reckless driving cases involve complex legal statutes, regulations, and case precedents specific to Virginia. A skilled attorney specializing in traffic law will possess in-depth knowledge of the relevant statutes, court decisions, and legal strategies that can be utilized to build a strong defense. An experienced attorney knows how to navigate the courtroom and advocate your best possible defense.
  2. Assessment of the Case: A qualified attorney can analyze the facts and evidence of the case to determine the strengths and weaknesses. An experienced Virginia traffic lawyer can identify potential defenses, challenge evidence, and consider mitigating factors that could lead to a reduced charge or penalty.
  3. Negotiation Skills: An experienced attorney can often negotiate for lesser charges or reduced penalties, depending on the circumstances. They can present persuasive arguments and utilzie their knowledge of the local courtroom to secure the best possible outcome for their client.
  4. Courtroom Experience: Reckless driving cases often proceed to a contested trial. In such situations, having a skilled attorney with courtroom experience is essential. Your attorney can effectively present the case, cross-examine witnesses, and challenge the prosecution’s evidence, increasing the chances of a favorable outcome.
  5. Mitigation of Penalties: In cases where a conviction is likely, legal representation can be crucial in mitigating the potential penalties. An attorney can present mitigating factors such as a clean driving record, community involvement, or completion of driver improvement programs, which may lead to reduced fines, a shorter license suspension period, or alternative sentencing options.

Reckless driving in Virginia is a serious offense that can have significant legal implications. Strong legal representation is crucial. If you are accused of reckless driving, we strongly suggest that you consult with an experienced attorney who is familiar with local courts in Virginia to ensure your legal rights are adequately protected.

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EX: Reckless driving, DUI/DWI, eluding, hit and run, simple speeding, etc.

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Virginie Code 18.2-11 Punishment for Conviction of Misdemeanor

Class 1 misdemeanor – confinement in jail for up to a year and a fine of up to $2,500. (either or both)

There are 16 different categories of reckless driving as detailed by the Virginia Department of Motor Vehicles. Including:

  1. Speeding more than 85 mph
  2. Speeding 20 mph or more over the limit
  3. Driving too fast for conditions
  4. Racing
  5. Passing or overtaking an ambulance or fire truck
  6. Passing a stopped school bus
  7. Passing on the crest of a hill
  8. Passing at a railroad crossing
  9. Passing two vehicles abreast
  10. Driving two vehicles abreast
  11. Failure to signal
  12. Driving with faulty brakes or improper control
  13. Reckless driving on parking lots
  14. Reckless driving with an obstructed view

What is considered reckless driving under the Virginia Code?

  • Exceeding the speed limit 46.2-862
  • Driving too fast for road or traffic conditions 46.2-861
  • Failing to maintain proper control of the vehicle 46.2-853
  • Racing 46.2-865; 46.2-866; 46.2-867
  • Failing to yield the right of way 46.2-861.1; 46.2-863; 46.2-868.1
  • Failing to give proper signals 46.2-860
  • Driving with an obstructed view 46.2-855
  • Passing a stopped school bus 46.2-859
  • Passing on or at the crest of a grade or curve 46.2-854

A conviction of reckless driving carries with it 6 demerit points and up to 11 years of staying on your record. See the following:

  • Speeding in excess of 85 mph (11 years)
  • Speeding 20 mph or more above the posted speed limit (up to 11 years)
  • Racing (11 years)
  • Passing or overtaking an emergency vehicle (11 years)
  • Passing a school bus (11 years)
  • Passing on the crest of a hill (11 years)
  • Passing at a railroad crossing (11 years)
  • Passing two vehicles abreast (11 years)
  • Driving too fast for conditions (11 years)
  • Failing to give a proper signal (11 years)
  • Faulty brakes/improper control (11 years)
  • Reckless driving in parking lots (11 years)
  • Reckless driving with an obstructed view (11 years)

Virginia Code and Other Information:

46.2-852 Reckless Driving; General Rule – § 46.2-852. Reckless driving; general rule (virginia.gov)

“Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.”

46.2-868 Reckless Driving; Penalties – § 46.2-868. Reckless driving; penalties (virginia.gov) 
  • Every person convicted of reckless driving is guilty of a Class 1 misdemeanor.
  • Every person convicted of reckless driving and was driving without a valid license or as a result of reckless driving caused the death of another is guilty of a Class 6 felony
  • Punishment includes a mandatory minimum fine of $250
18.2-11 Punishment for Conviction of Misdemeanor – § 18.2-11. Punishment for conviction of misdemeanor (virginia.gov)

Class 1 misdemeanor – confinement in jail for up to a year and fine of up to $2,500. (either or both)

Exceeding the Speed Limit 

A person is guilty of reckless driving who drives a motor vehicle on the highways in at a speed of 20 miles per hour or more in the excess of the applicable maximum speed OR in excess of 85 miles per hour regardless of the applicable maximum speed limit.

Failure to Maintain Control

After a car accident a police officer might hand you a citation that charges you with failure to maintain control (reckless driving). Failure to maintain control is charged as a Class 1 misdemeanor.

Our experienced Virginia traffic attorneys know exactly what is needed to navigate your speeding or reckless driving case to success.  We have experience in Courts throughout Virginia, including Virginia Beach, Norfolk, Chesapeake, Portsmouth, Suffolk, Hampton, Newport News, Isle of Wight, Southhampton, Northampton, and Accomack.  The lawyers at Driving Defense Law will create a unique gameplan for your case and execute a vigorous defense.

Have you been charged with reckless driving or speeding?

Please contact our office now for a FREE case evaluation with one of our traffic lawyers. 

CALL OR TEXT NOW
757-929-0335

Book a FREE Case Evaluation Now!

Your Name(Required)
EX: Reckless driving, DUI/DWI, eluding, hit and run, simple speeding, etc.

By providing your phone number, you agree to receive SMS updates, reminders, and important notifications from McCormick Law, PC d/b/a Driving Defense Law. Standard messaging rates may apply. You can opt out at any time by replying “STOP” to any message. View our Privacy Policy.

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Disclaimer: No attorney-client relationship exists or should be assumed as a result of this communication. By submitting this form, you are opting into our mailing list (your information will not be shared with anyone else).

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Speeding

Written by maria on . Posted in Speeding.

What are the different types of speeding violations in Virginia?

Speeding tickets are no fun. If you find yourself holding a speeding ticket, you may want to simply pay the fine or explore other options. Driving Defense Law will help you navigate these options so that your speeding ticket doesn’t result in a long-term consequence.

Virginia defines several types of speeding violations. Including:

Speeding Generally over the Speed Limit$6 per
Speeding School Buses over the Speed Limit $6 per
Speeding Special Permit Vehicles over the Speed Limit $6 per
Speeding in School Zone over the Speed Limit $7 per
Speeding in Business/Residential Districts per mph over the Speed Limit $6 per
Speeding Passenger Vehicles with Trails over the Speed Limit $6 per
Exceeding Speed Limit Set by DOT over the Speed Limit $6 per
Speeding in a Work Zone over the Speed Limit $7 per
Speeding Certain Residential Zone (+ $8 per) $200
Speeding in Certain Bridges/Tunnels over the Speed Limit$6 per

Processing Fees/Court Costs of Speeding in Virginia

  • $62.00 for the first charge
  • $11 for each additional charge with the same court date
  • The worst maximum fine is $250 in addition to the $62 processing fee.
  • If the driver does not prepay the speeding ticket and does not appear in court there is an additional $35 fee.

A conviction on a basic speeding ticket normally amounts to a fine and a court fee. The fines are broken down above. However, you should know that a speeding ticket will also get you demerit points on your driving record. The number of points depends on the severity of speeding.

Demerit Points – Virginia DMV

Demerit points are assigned when you are convicted of a traffic violation. Each time that you commit a traffic offense, the DMV adds demerit points to your record. Different violations amount to different point assignments.

If you are convicted of a traffic violation, the court will notify the Department of Motor Vehicles who then:

  1. Posts the conviction to your driving record
  2. Assigns demerit points
  3. (if applicable) issues an order of suspension
  4. (if applicable) issues an order requiring the completion of a driver improvement clinic
  5. Notifies your insurance company

Note: Demerit points can also be added to your record for traffic convictions incurred in other states

Breakdown of Demerit Points

(the number of years that the conviction stays on your DMV record is in parentheses)

Speeding 1-9 mph above the posted speed limit (5 years) 3 points
Impeding traffic – slow speed (5 years) 3 points
Speeding 10-19 mph above the posted speed limit (5 years) 4 points
Speeding more than 20 mph over the limit (can stay for up to 11 years)6 points

Virginia Code

46.2-870 Maximum Speed Limits Generally – § 46.2-870. Maximum speed limits generally (virginia.gov) 
46.2-878.3 Prepayment of fines for violations of speed limits – § 46.2-878.3. Prepayment of fines for violations of speed limits (virginia.gov)
  • Fine of $6 per mile per hour in excess of posted speed limits
  • Fine of $7 per mile per hour in excess of posted speed limits for violation of 46.2-873 (school crossing zone) and 46.2-878.1 (highway work zone)
  • Fine of + $8 per mile per hour in excess of posted speed limits for a violation of 46.2-878.2 (the maximum speed limit in certain residence districts of counties, cities, and towns). The $8 per is an addition to a $200 fine.
  • Any person who drives in excess of 80 miles per hour but less than 86 miles per hour on any highway having a speed limit of 65 miles per hour is subject to an additional $100 fine

Driving Under the Influence (DUI)

Written by maria on . Posted in DUI.

Virginia treats all first offense DUI and DWI as criminal acts in the VA criminal law chapter.

If you have been charged with a DUI you need to seek representation from Driving Defense Law as soon as possible to ensure that you are protected.

In Virginia you can be charged with a DUI if your blood alcohol concentration (BAC) is 0.08 percent or higher, or if you have detectable controlled substances in your system. Including:

  • 0.02 milligrams of cocaine
  • 0.1 milligrams of methamphetamine
  • 0.01 milligrams of phencyclidine
  • 0.1 milligrams of 3,4 methylenedioxymethamphetamine

The penalties for a DUI conviction depends on whether you have prior DUI convictions and whether you are under the age of 21.

Penalties of Driving Under the Influence in Virginia

First DUI

If this is your first DUI conviction, you are facing a mandatory minimum fine of $250, a requirement to complete the Alcohol Safety Action Program (ASAP), up to 12 months in jail, and a one-year license revocation.

Second DUI

If this is your second DUI conviction, you are facing a mandatory minimum fine of $500, a requirement to complete ASAP, a potential one-year jail sentence, and a three year license revocation. You could also face a mandatory 10 day jail sentence if it is your second DUI in a 10 year period, or a 20 day jail sentence if it is your second DUI in a 5 year period.

Third DUI

If this is your third DUI conviction then you are facing felony charges. Including a mandatory minimum fine of $1,000, a requirement to complete ASAP, an indefinite revocation of driving privileges, and a potential one-to-five-year sentence of imprisonment. You are also facing a potential 90 day jail term and the forfeiture of the vehicle you were driving if it is your third DUI in 10 years. A third conviction within 5 years produces a mandatory sentence of six months in jail.

Underage DUI

If you are underage and convicted of a DUI you are facing a mandatory one year suspension of driving privileges, a minimum fine of $500 or 50 hours of community service and up to 12 months in jail.

Demerit Points – 6 points

If you are convicted of a DUI you should also expect to receive six demerit points on your record.

  • Driving while intoxicated (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 (under the age of 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)

Virginia Code

18.2-266 Driving Motor Vehicle, Engine, etc., while Intoxicated – § 18.2-266. Driving motor vehicle, engine, etc., while intoxicated, etc (virginia.gov)
  • While such a person has a blood alcohol concentration of 0.08 percent of alcohol
  • Blood concentration of:
    • 0.02 milligrams of cocaine
    • 0.1 milligrams of methamphetamine
    • 0.01 milligrams of phencyclidine
    • 0.1 milligrams of 3,4 methylenedioxymethamphetamine
18.2-270 Penalty for Driving while Intoxicated etc. – § 18.2-270. Penalty for driving while intoxicated; subsequent offense; prior conviction (virginia.gov)

Involuntary Manslaughter

18.2-36.1 Conduct Punishable as Involuntary Manslaughter – § 18.2-36.1. Certain conduct punishable as involuntary manslaughter (virginia.gov)
  • Any person, as a result of driving under the influence, causes the death of another person, will be guilty of involuntary manslaughter
  • If the conduct showed a reckless disregard for human life, he is guilty of aggravated involuntary manslaughter

Virginia Beach DUI Attorneys – Driving Defense Law

Chesapeake DUI Attorneys – Driving Defense Law

Norfolk DUI Attorneys – Driving Defense Law

Suffolk DUI Attorneys – Driving Defense Law

Portsmouth DUI Attorneys – Driving Defense Law

Hampton DUI Attorneys – Driving Defense Law

Newport News DUI Attorneys – Driving Defense Law

Williamsburg DUI Attorneys – Driving Defense Law

Northampton County DUI Attorneys – Driving Defense Law

Following Too Closely

Written by maria on . Posted in Miscellaneous Traffic Offenses.

How is “following too closely” defined in the state of Virginia?

“The driver of a motor vehicle shall not follow another vehicle, trailer, or semitrailer more closely than is reasonable and prudent, having due regard to the speed of both vehicles and the traffic on, and conditions of, the highway at the time.” § 46.2-816

The maximum punishment for following too closely is a $250 fine and court costs of approximately $67. The charge is also prepayable for a fine of $30. However, be aware that prepaying is treated as an admission of guilt.

Demerit Points

If convicted of following too closely expect to have 4 demerit points added to your record. See the following:

Following too closely (3 years) 4 points

Aggressive Driving

Written by maria on . Posted in Miscellaneous Traffic Offenses.

What is considered aggressive driving?

Aggressive driving is a serious offense in Virginia as it is punishable as a Class 1 or a Class 2 misdemeanor under Virginia Code 46.2-868.1. If you find yourself holding a ticket for aggressive driving, contact Driving Defense Law as soon as possible to ensure your rights remain protected.

Aggressive driving is separate from reckless driving. A person can be charged with aggressive driving if the person violates one or more of the following:

  1. Driving on the wrong side of a highway
  2. Failure to observe lanes marked for traffic
  3. Following too closely
  4. Does not stop or yield right of way before entering certain highways
  5. Evasion of traffic control devices
  6. Passing when overtaking a vehicle
  7. Stopping on highways

The violation must be hazardous to another person or commits an offense with the intent to harass, intimidate, injure, or obstruct another person.

Penalties of Aggressive Driving in Virginia

Aggressive driving is either a Class 2 or a Class 1 misdemeanor.

Aggressive driving without intent to injure: If you are charged with aggressive driving without intent to injure then you are facing a Class 2 misdemeanor. The penalties include a fine of up to $1,000, up to six months in jail, and a possible suspension of your license.

Aggressive driving with intent to injure: If you are charged with aggressive driving with intent to injure then you are facing a Class 1 misdemeanor. The penalties include a fine of up to $2,5000, up to 12 months in jail, and possible suspension of your license.

Hit and Run

Written by maria on . Posted in Miscellaneous Traffic Offenses.

What is considered a hit and run in Virginia?

“The driver of any vehicle involved in an accident in which a person is killed or injured in which an attended vehicle or other attended property is damaged shall immediately stop as close to the scene of the accident as possible without obstructing traffic.” Virginia Code § 46.2-894

A driver can be charged with a hit and run if the driver fails to stop at or return to the scene of the accident or the driver fails to report the accident to police or exchange their information with the other people or property involved.

What to Do if You’re Involved in a Hit and Run

If you are involved in an accident you must report: (report to state police or law enforcement agency; the person struck and injured; the driver or other occupants involved in the collision)

  • Your Name
  • Your Address
  • Your Driver’s License Number
  • Your Vehicle Registration Number

As soon as practical following the crash, you should provide reasonable assistance to any person injured in the accident.

If the accident involves an unattended vehicle, the driver must make a reasonable attempt to find the owner of the property and report the accident. If the driver cannot find the owner, the driver must leave his contact information at the scene of the accident. The driver must then also report the accident within 24 hours to state or local police. Virginia Code § 46.2-896

Misdemeanor v. Felony Hit and Run

A hit and run will be charged as either a Class 1 misdemeanor or a Class 5 felony.

  • Class 1 misdemeanor – the accident results in property damage of $1,000 or less
    • Penalty – up to one year in jail and a fine up to $2,500
  • Class 5 felony – the accident results in more than $1,000 of property damage or in bodily injury or death
    • Penalty – up to 10 years in prison and a fine of up to $2,500

Charges for failing to make a reasonable effort to find the owner of the unattended property or failing to leave contact information: (46.2-896)

  • Class 4 misdemeanor – the accident results in less than $250 of damage
    • Penalty – fine of up to $250
  • Class 1 misdemeanor – property damage is between $250 and $1,000
    • Penalty – up to one year in jail and a fine up to $2,500
  • Class 5 felony – accident results in more than $1,000 of property damage
    • Penalty – up to 10 years in prison and a fine of up to $2,500

If you are convicted of a hit and run, you should expect six demerit points to be added to your record. See the following:

Failure to stop at the scene of a crash – injury (11 years) 6 points
Failure to stop at the scene of a crash – death (11 years) 6 points
Failure to stop at the scene of a crash – property damage of $1,000 or more ( 11 years) 6 points

Eluding

Written by maria on . Posted in Miscellaneous Traffic Offenses.

Eluding the police is when a person continues to drive in a willful and wanton manner disregarding the police officer’s signal.

To be convicted of eluding, the Commonwealth must prove the individual heard the signal or saw the lights and knew that the person signaling him was a police officer, and then disregarded the signal by continuing to drive. The Commonwealth can also prove this by showing evidence that the individual fled on foot after stopping the vehicle.

An affirmative defense to eluding is that the person reasonably believed that he or she was being chased by someone who was not a law enforcement officer.

Penalties for Eluding the Police in Virginia

Misdemeanor

Eluding is charged as a Class 2 misdemeanor. A conviction for misdemeanor eluding is potential jail time of up to six months and a possible fine of $1,000.

The individual may also have a suspension of driving privileges for 30 days to a year if convicted of eluding. If during the eluding the individual’s speed exceeds the posted limit by 20mph, then the minimum license suspension is 90 days.

The individual may also be charged with any criminal offense they commit in addition to eluding.

Felony

Eluding is charged as a felony offense if it results in the risk of accident or injury involving the law enforcement officer. If an individual continues to drive intentionally and recklessly that could create a danger, the person will be charged with a Class 6 felony.

An individual convicted of felony eluding may endure a penalty of one to five years in prison in addition to a possible fine of up to $2,500.

If an officer is killed because of pursuing an eluding individual, the charge is a Class 4 felony. The penalty carries a two to ten year prison sentence and a possible fine of up to $100,000.

The individual may also have a suspension of driving privileges for 30 days to a year if convicted of eluding. If during the eluding the individual’s speed exceeds the posted limit by 20mph, then the minimum license suspension is 90 days.

Virginia Code

46.2-817 Disregarding Signal by Law Enforcement Officer to Stop; Eluding Police; Penalties – § 46.2-817. Disregarding signal by law-enforcement officer to stop; eluding police; penalties (virginia.gov)
Texting While Driving Lawyer Virginia Beach VA

Texting While Driving 

Written by maria on . Posted in Miscellaneous Traffic Offenses.

According to the Virginia Code, it is unlawful for anyone to hold a handheld personal communications device while driving a motor vehicle.

A first time offense will result in a $125 fine. A second offense will result in a $250 fine. If convicted of texting while driving, expect three demerit points to be added to your record.

Virginia Code

46.2-818.2 Use of Handheld Personal Communications Devices – § 46.2-818.2. Use of handheld personal communications devices in certain motor vehicles; exceptions; penalty (virginia.gov)
  • It is unlawful for any person, while driving a moving motor vehicle on the highways in Virginia to hold a handheld personal communications device
  • A violation could result in a fine of $125 (first offense) or a fine of $250 (second offense)

As of January 1, 2021 Virginia prohibits drivers from holding cell phones or any other wireless communication devices while driving except in a driver emergency or the vehicle is lawfully parked or stopped. Virginia Department of Motor Vehicles

Driving on a Suspended License Lawyer Virginia Beach VA

Driving on a Suspended License

Written by maria on . Posted in Miscellaneous Traffic Offenses.

In Virginia, you can get pulled over and charged with driving on a suspended or revoked license for multiple reasons. Including:

  1. A court order suspension
  2. Revoked license for driving under the influence
  3. Suspension for DMV points, unpaid fines, or court costs
  4. Suspension for lack of automobile insurance
  5. Suspension for failure to pay child support

The reason for your license suspension can have a huge effect on your consequences if charged with driving with a suspended license.

Normally driving on a suspended or revoked license results in a Class 1 misdemeanor charged. However, there are times when a driver can be charged with a felony.

  • Class 1 misdemeanor – You face up to one year in jail with a fine of up to $2,500.
  • Class 6 felony – You could have a prison sentence of 1 to 5 years, with a possible fine of up to $2,500.

You should know that if you are convicted of driving with a suspended license, the court is required to impose another additional period of suspension for the same period of suspension you were already serving.

If convicted of driving with a suspended or revoked license you should expect demerit points to be added to your record. See the following:

Demerit Points

Driving in violation of restricted license – restrictions related to physical limitations (3 years) 3 points
Driving on suspended license (11 years) 6 points
Driving while your license is suspended or revoked (11 years) 6 points
Driving under suspension or revocation before giving proof of financial responsibility (11 years) 6 points

Restricted License – Consider this Option

For drivers who have had their license suspended or revoked, consider applying for a restricted license. While this does not fully restore all of your driving privileges, you are allowed to engage in some driving to hand necessities. Including but not limited to driving to and from work or to and from school. However, you should know, if you are driving outside the terms of your restricted license, you can still be charged with driving on a suspended or revoked license.

Virginia Code

46.2-301 Driving while license, permit, or privilege to drive suspended or revoked – § 46.2-301. Driving while license, permit, or privilege to drive suspended or revoked (virginia.gov)
Speeding Ticket Lawyer Virginia

The Points System in Virginia

Written by maria on . Posted in Traffic Resources.

The Virginia Department of Motor Vehicles utilizes a point system to rate drivers.

A driver will receive demerit points for unsafe driving and safe driving points for good driving. Demerit points stay on the driver’s record for two years from the date the driver commits the offense. The length of time that a conviction stays on the driver’s record depends on the severity of the violation.

One safe driving point is added each full calendar year that a driver holds a valid Virginia driver’s license and drives without any violations or suspensions. A driver can accumulate up to five safe driving points. Safe driving points are awarded in early April of each year.

Demerit points are assigned when a driver is convicted of a traffic violation. Demerit points range from three to six points. The following list groups traffic violations that warrant demerit points. The years in the parentheses indicate the number of years the conviction stays on the driver’s DMV record.

Three Point Violations
Four Point Violations
Six Point Violations

Three 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 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)
  • Unauthorized use of crossover on controlled highway (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)
  • 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 with more than 1 driver’s license (3 years)
  • Driving commercial motor vehicle without endorsement(s) (3 years)
  • Driving commercial motor vehicle without license in possession (3 years)
  • Commercial driver’s license/commercial learner’s 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 public passenger-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)
  • Vehicle height exceeds limit for tunnels (3 years)
  • Texting while driving in a commercial motor vehicle (5 years)

Other Violations:

  • Failure to stop at the scene of a crash, unattended property (3 years)
  • Failure to leave the scene of a crash at the direction of officer (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)
  • 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)
  • Passenger restriction violation (3 years)
  • Curfew violation (3 years)
  • HOV violation, second or subsequent offense – Northern Virginia planning district 8 (5 years)
  • Use of Handheld Communications Device (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 above the posted speed limit (5 years)
  • Speeding 15-19 mph above the posted speed limit (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 for pedestrian (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)
  • 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 signal (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 (*)
  • Failure to have sufficient space to drive through a railroad crossing (*)
  • Failure to obey traffic control device or enforcement official at a railroad crossing (*)
  • Failure to have sufficient undercarriage clearance 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)
  • Passing stopped school bus (non-reckless) (3 years)
  • Failure to stop at the scene of a crash, property damage (3 years)
  • Emergency vehicle violation – property damage (5 years)
  • Emergency vehicle violation – injury (5 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)
  • Vulnerable Road User (5 years)

Six Point Violations:

Reckless Driving (Felony or Misdemeanor):

  • Reckless driving – speeding in excess of 85 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 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 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 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 (*)
  • 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)
  • Emergency vehicle violation – 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 offense (11 years)
    • misdemeanor offense (3 years)
  • Operating unsafe vehicle (3 years)