If you are a Virginia driver and receive a out of state ticket, violations may transfer to VA as noted below:
Demerit points will also be assigned to your record for traffic convictions incurred in other states
Demerit Point Fees:
• Drivers who accumulate 8 or more demerit points will be charged demerit-point-related abusive driver. These fees can not be imposed for demerit points related to offenses committed prior to July 1, 2007. No single traffic violation results in 8 demerits points and a person has the option of attending a driver improvement clinic to reduce the points on their record. Bad drivers who accumulate and keep 8 or more demerit points will be charged $100 and will be charged an additional $75 for each demerit point over eight up to a maximum of $700.
Demerit points stay on your record for two years. The actual convictions you receive from the offenses may remain on your record even longer.
Virginia also gives you safe driving points. For every full calendar year that you hold a valid Virginia license and have no violations or suspensions, you get one safe driving point. You can earn up to five of them and use them to offset your demerit points
6 point violations
Speeding 20 mph or more above the posted speed limit (5 years)
Operating unsafe vehicle (3 years)
4 point violations
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)
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)
• 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)
1. Speeding 1-9 mph above the posted speed limit (5 years)
2. Impeding traffic, slow speed (5 years)
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
Failure to obey highway sign (3 years) Evading traffic control device (3 years)
THE DRIVER LICENSE COMPACT (VIRGINIA)
Effect of Conviction
(a) The licensing authority in the home state, for the purposes of suspension, revocation or limitation of the license to operate a motor vehicle, shall give the same effect to the conduct reported, pursuant to Article III of this compact, as it would if such conduct had occurred in the home state, in the case of convictions for:
(1) Manslaughter or negligent homicide resulting from the operation of a motor vehicle;
(2) Driving a motor vehicle while under the influence of intoxicating liquor or a narcotic drug, or under the influence of any other drug to a degree which renders the driver incapable of safely driving a motor vehicle;
(3) Any felony in the commission of which a motor vehicle is used;
(4) Failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal injury of another.
(b) As to other convictions, reported pursuant to Article III, the licensing authority in the home state shall give such effect to the conduct as is provided by the laws of the home state.
(c) If the laws of a party state do not provide for offenses or violations denominated or described in precisely the words employed in subdivision (a) of this article, such party state shall construe the denominations and descriptions appearing in subdivision (a) hereof as being applicable to and identifying those offenses or violations of a substantially similar nature and the laws of such party state shall contain such provisions as may be necessary to ensure that full force and effect is given to this article.
When a person is convicted of two or more traffic offenses committed on a single occasion, he shall be assessed points for one offense only and if the offenses involved have different point values, he shall be assessed points for the offense having the greater point value. VA Code §§ 46.2-396.1.
Q: What States are a member of the DLC?
9. District of Columbia
27. New Hampshire
28. New Jersey
29. New Mexico
30. New York
31. North Carolina
32. North Dakota
37. Rhode Island
38. South Carolina
39. South Dakota
45. West Virginia
Non Members: Wisconsin, Tennessee., Michigan, Georgia, Massachusetts
Unsafe Driving Fees (Abusive Driver Fees) Effective 7/1/07
Unsafe driving fees (Abusive Driver Fees) are one component of the comprehensive transportation and land use legislative compromise enacted earlier this year. Abusive driver fees have been under consideration by the General Assembly for three years.
Drivers convicted of serious traffic offenses will be charged conviction-related abusive driver fees. These fees do not apply to the typical traffic violation such as failure to yield, or parking too near a fire hydrant, for example. Abusive driver fees will only apply when the person is convicted of:
– reckless driving,
– driving on a suspended or revoked license,
– driving under the influence, or
– other serious traffic offenses that occur after July 1, 2007. The fees are based on the following schedule:
Driving on a suspended or revoked license – $250 each year for three years or $750.00;
Reckless or aggressive driving – $350 each year for three years or $1,050.00
Driving while intoxicated – $750 each year for three years or $2,2250.00
Other misdemeanor convictions for driving and/or motor vehicle-related offense -$300 each year for three years;
Any felony conviction for driving or motor vehicle-related offense – $1000 each year for three years.
If you are convicted of a demerit-point violation (or safety belt and child restraint violation) committed when you were age 18 or 19 you will be required to complete a driver improvement clinic.
1. If you are 18 or older and you accumulate eight demerit points in 12 months (or 12 points in 24 months), you will receive an advisory letter that cautions you about the consequences of violating the law.
If you accumulate 12 demerit points in 12 months (or 18 points in 24 months), you will be required to complete a driver improvement clinic. You must enroll in and satisfactorily complete the clinic within 90 days.
If you accumulate 18 demerit points in 12 months (or 24 points in 24 months), your driving privilege will be suspended for 90 days. Additionally, you must complete a driver improvement clinic before your privilege will be restored. Once your privilege is restored, you will be placed on a six-month probation period.
If you are under age 20 a computer-based driver improvement clinic will not satisfy a driver improvement clinic requirement. You must satisfactorily complete a clinic that provides classroom instruction.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
Blair C. Lane, Sr., Esquire, is admitted to practice law in the State of New Jersey and the Commonwealth of Pennsylvania. The information contained in this Web Site is intended to provide general information about my practice to my current and potential clients. The information provided regarding Virginia Motor vehicle penalties and penalties for out of state violations is public information and can be found at http://www.dmv.virginia.gov/
A consultation with an attorney who is admitted in Virginia is always recommended to verify how an out of state conviction can impact your Virginia license.