When you receive a reckless driving ticket in Virginia, you face more than just fines and potential jail time. The Virginia DMV point system can affect your driving privileges for years to come, including license suspensions and mandatory driver improvement clinics. As a Chesapeake reckless driving lawyer with over 30 years of private practice experience, James E. Short has helped countless drivers throughout Virginia understand and address these serious charges.
How Virginia's DMV Point System Works
The Virginia DMV maintains a points system to track driving behavior. All drivers start at zero points and can earn one positive “safe” point each year of violation-free driving, up to +5 points. However, traffic violations result in demerit points that remain on your record for varying lengths of time.
Six-Point Violations: Reckless Driving
Reckless driving carries the harshest point penalty of six demerit points. The Code of Virginia outlines several violations that qualify as reckless driving. These violations stay on your record for 11 years.
Examples include:
- Driving 20 mph or more over the speed limit
- Driving over 85 mph, regardless of posted maximum speed limit
- Racing another vehicle on highways and public roads
- Passing a stopped school bus when approaching from any direction
- Failing to yield right-of-way before entering a highway
- Failing to give adequate and timely turn signals
- Operating a vehicle with faulty brakes
Other six-point violations include driving under the influence, involuntary manslaughter, driving on a suspended license, and failing to stop at the scene of a crash involving injury, death, or property damage of $1,000 or more.
Four-Point Violations
Four-point violations remain on your DMV record for three to five years. Common four-point violations include:
- Speeding by 10 to 19 mph over the posted speed limit
- Passing a vehicle when it is unsafe to do so
- Failing to yield to a funeral procession
- Failing to drive on the right half of the highway or street
- Following too closely
- Failing to stop at a railroad crossing
Three-Point Violations
Under the Virginia DMV’s demerit points system, less severe infractions carry three points that stay on your record for three years. Examples of three-point violations include:
- Speeding less than nine mph over the posted limit
- Impeding traffic by driving too slowly for the conditions
- Improper passing on the right
- Driving over a fire hose
- Making an improper turn or U-turn
- Driving without headlights or with excessive lights
- Permitting an unlicensed person to drive
Consequences of Virginia DMV Point Accumulation
The DMV takes increasingly serious action as points accumulate. When you accumulate eight points in 12 months, the DMV sends an advisory letter warning of potential consequences. At 12 points in 12 months, you must complete a driver improvement clinic within 90 days.
Driver’s License Suspensions
As you accumulate more demerit points, driver’s license suspensions come into the picture. Reaching 18 points in 12 months triggers a 90-day license suspension, a six-month probation period after reinstatement, and a mandatory personal interview with DMV officials, plus the driver improvement clinic completion requirement.
Accumulating 24 demerit points in 24 months results in a one-year license suspension, mandatory driver improvement clinic enrollment, an extended probation period, and possible restricted license requirements.
Special Rules for Drivers Under 18
Virginia enforces particularly strict consequences for drivers under 18 who receive traffic violations.
With just their first violation, teen drivers must complete a mandatory driver improvement clinic within 90 days. A second violation results in a 90-day driver’s license or driver’s permit suspension. If a young driver receives a third violation, the consequences become even more severe. The DMV will revoke their license until they turn 18 or for one full year, whichever is longer.
How a Chesapeake Criminal Defense Lawyer Can Help
A Virginia reckless driving defense lawyer can employ multiple strategies to protect your driving privileges. It starts with building a strong defense by thoroughly examining all available evidence. This may involve scrutinizing radar calibration records, weather and road conditions, traffic patterns and flow, video evidence, and witness statements.
Negotiating for a Lesser Charge
In many cases, the most viable defense strategy focuses on negotiating reckless driving charges down to less severe violations. This could save you thousands in fines and insurance premiums while protecting your driving privileges.
We carefully document all factors that support a reduction. For example, a reckless driving charge for excessive speeding could be reduced to improper or aggressive driving by demonstrating your responsible driving history and commitment to traffic safety through voluntary improvement courses. This reduction could cut your point penalty in half and reduce the time the violation remains on your record from 11 years to five years.
A Sound Defense to Safeguard Your Future
Don't let a reckless driving charge put your license at risk. Our experienced legal team will review your case and develop a strategy to protect your driving privileges. Remember that a reckless driving conviction means six DMV points on your driving record for 11 years. Call today to discuss how we can help minimize the impact on your driving privileges and future.