In Virginia, drivers start with a zero point balance. For each calendar year of offense free driving, the Virginia Department of Motor Vehicles (DMV) awards a safe driving point. So after one year the point balance would be +1. A person can earn up to 5 safe driving points (+5). Demerit points are assessed following convictions for moving violations.
I know I'm guilty, but I want to avoid the points. Can I just beg the court to not assess the points?
Well, you can ask, and every day I see people doing just that, but it is a fruitless endeavor because in Virginia the courts are not involved in awarding safe driving points or assessing demerit points. In Virginia, courts report convictions to the Virginia Department of Motor Vehicles (DMV) and the Virginia DMV assesses demerit points. The only way to avoid the assessment of demerit points is to avoid being convicted of the offense.
How many points will be assessed by the Virginia DMV for a moving violation?
It depends on the specific offense. In Virginia, demerit points are assessed for moving violations, and those moving violations are separated into three categories: offenses for which three (3) demerit points will be assessed, offenses for which four (4) demerit points will be assessed and offenses for which six (6) demerit points will be assessed.
How long will demerit points assessed by the Virginia DMV remain on my Virginia driving record?
Demerit points assessed by the Virginia DMV will remain on your Virginia driving record for two (2) years.
Additional resources provided by the author
For more information about this issue, or for answers to other questions about Virginia law, visit www.TheWilsonLawFirm.org.