When you are convicted of a traffic violation, the court notifies the Department of Motor Vehicles (DMV). The DMV does four things:

• Posts the conviction to your driving record;
• Assigns demerit points to your record according to the severity of the offense;
• Issues an order of suspension, if applicable;
• Notifies your insurance company upon request.

The traffic violations that occur most frequently follow. These violations are grouped according to the number of DMV demerit points assigned to each violation. You will find the number of years that the conviction stays on your DMV record in parentheses beside each violation.

The length of time that a conviction stays on your record depends on the severity of the violation. If you receive an order or notice of revocation, suspension, disqualification, or cancellation, your convictions could remain on your record for even longer than specified here.

DMV demerit points remain on your record for a minimum of two years from the date that you commit the offense. The dates that demerit points are removed from your driving record are not related to the dates that your convictions are removed from your record.

Your insurance company may also assign points on your insurance record; however, DMV demerit points are not related to insurance company points. Insurance company points are developed by individual companies.

Six Point Violations

• Driving under the influence of alcohol or drugs (11 years)
• Driving after illegally consuming alcohol (persons under 21 years of age) (3 years)
• Attempting to elude police
  • felony offense (11 years)
  • misdemeanor offense (3 years)
• Driving while your license is suspended or revoked (11 years)
• Reckless driving - speeding in excess of 80 MPH (11 years)
• Reckless driving - general (11 years)
• Reckless driving - speeding 20 or more miles above the speed limit (11 years)
• Reckless driving - on parking lots, etc. (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 - failing to give a proper signal (11 years)
• Reckless driving - faulty brakes/improper control (11 years)
• Reckless driving - passing on the crest of a hill (11 years)
• Reckless driving - passing two vehicles abreast (11 years)
• Reckless driving - passing at a railroad crossing (11 years)
• Reckless driving - driving too fast for conditions (11 years)
• Reckless driving - with an obstructed view (11 years)
• Driving under suspension or revocation before giving proof of financial responsibility (11 years)

Four Point Violations: Traffic lights

• Failure to obey a traffic signal (3 years)

      Stopping/yielding

• Failure to stop/yield before entering a highway (3 years)
• Failure to yield right-of-way (3 years)
• Failure to yield right-of-way at traffic circle (3 years)
• Failure to yield right-of-way at T-intersection (3 years)
• Failure to yield while turning left (3 years)
• Failure to stop and yield right-of-way, private road (3 years)
• Failure to yield right-of-way for U.S. Armed Forces/National Guard (3 years)
• Failure to drive to the right and stop for police/fire vehicles (3 years)
• Failure to yield right-of-way to pedestrians (3 years)
• Failure to stop for pedestrians with white cane (3 years)

      Speeding

• Speeding 10-19 MPH above posted speed limit (5 years)
• Speeding generally (no speed indicated) (5 years)
• Speeding, vehicles with special permits (5 years)
• Speeding at a school crossing (5 years)
• Speeding in business/residential district (5 years)
• Speeding in city or town (5 years)
• Speeding on a bridge (5 years)
• Speeding while towing (5 years)
• Speeding in highway work zone (5 years)

Four Point Violations: Side of the road

• Failure to keep to the right of the highway or street (3 years)
• Driving the wrong way on a one-way street (3 years)
• Failure to keep to the right when crossing an intersection or railroad crossing (3 years)

      Following/signaling

• Following too closely (3 years)
• Failure to signal before moving from a curb (3 years)
• Improper signal (3 years)

      Railroads

• Failure to obey a railroad crossing signal (3 years)
• Failure to stop at a railroad grade crossing (3 years)
• Failure to stop a passenger-carrying vehicle at a railroad grade crossing (3 years)

      Other violations

• Improper backing (3 years)
• Failure to obey highway lane markings (3 years)
• Disregarding an officer's signal (3 years)
• Passing a left-approaching vehicle (3 years)
• Passing when unsafe (3 years)

THREE POINT VIOLATIONS:

      Signs/signals

• Failure to stop at the scene of a crash - misdemeanor offense (3 years)
• Failure to obey highway signs (3 years)

      Driving/Passing

• Improper passing (3 years)
• Improper driving (3 years)
• Coasting gears in neutral (3 years)
• Failure to give way in favor of an overtaking vehicle (3 years)
• Driving through safety zone (3 years)
• Improper passing on the right (3 years)
• Driving on a sidewalk (3 years)

      Speed

• Speeding 1-9 MPH above the posted speed limit (5 years)
• Impeding traffic, slow speed (5 years)

      Turning/Backing

• Improper U-turn (3 years)
• Improper turn (3 years)
• Changing course after signaling (3 years)
• Violation of right turn on red (3 years)
• Violation of left turn on red (3 years)

      Lights

• Driving without lights/excessive lights (3 years)
• Failure to dim headlights (3 years)

      Licenses/Permits

• Operating a vehicle in violation of a restricted license (3 years)
• Permitting an unlicensed person to drive (3 years)
• No driver's license or improper driver's license (3 years)

      Restraints

• Violating the Child Restraint Law (3 years)

      Other violations

• Following/parking within 500 feet of a fire apparatus (3 years)
• Driving over a fire hose (3 years)
• Failure to leave an accident at the direction of an officer (3 years)
• Failure to report an accident, unattended property, less than $250 damage (3 years)
• Drinking while operating a vehicle (3 years)

Driving is a Privilege Not a Right

A drivers license shows that you have been given permission by the Commonwealth of Virginia to drive on public roadways.

You do not have a constitutional right to drive on the public roads.

Licenses are granted to drivers who meet the criteria and have not abused their driving privileges in the past. You will receive a license after you have:

• Filled out the application form
• Paid the fee
• Correctly answered written questions about the law and safety rules
• Shown that your mental and physical condition are satisfactory
• Demonstrated your ability to drive safely
• Shown no outstanding actions on your driving record
• Provide your Social Security Number and proof that you are in the United States legally (collected for your first license)

The DMV may refuse you a license at its discretion, and the court may suspend or revoke your privileges when appropriate. The DMV will take the strongest action possible against anyone who alters or otherwise attempts to falsify a driver license. DMV may also refuse to issue a license if you:

• Have a history of alcohol or drug abuse
• Have used the license illegally
• Have lied on your application
• Do not understand traffic laws or signs
• Do not have the skill to drive
• Have a health problem that makes your driving unsafe
• Have a Failure to Appear (FTA) or Failure to Pay (FTP) for a traffic citation on your driving record
• Have not complied with a judgment or order for family support payments
• Used a crib sheet for any examination for a license

Suspension or Revocation of Your License

If you are underaged, it is against the law to use a falsified or non-genuine license to obtain alcoholic beverages or tobacco products. And remember: it is unlawful to knowingly allow anyone to get a driver's license in your name.

When you receive a driver's license, you accept responsibility for obeying Virginia's traffic and safety laws. If you repeatedly violate them, DMV is authorized to suspend or revoke your driver's license.

If you are convicted of any of the following offenses, your license will be revoked or suspended:

• Making a false statement to DMV
• Failing to stop and identify yourself at the scene of a crash if someone has been injured or killed
• Operating a motor vehicle while under the influence of alcohol or drugs
• Voluntary or involuntary manslaughter
• Committing a drug offense, regardless of whether or not a motor vehicle is involved
• Committing a felony involving the use of a motor vehicle
• Taking a driver's license examination for another person, or appearing for another person to renew a license. If convicted of this offense, your license will be revoked for ten years.
• Becoming delinquent in your child support payments by 90 days or more or $5,000 or more
• Eluding police

DMV also may suspend or revoke your license if:

• You become physically or mentally unable to drive safely
• You give false information on an application for a driver's license
• You fail to pay court fines and costs for traffic and criminal convictions
• You receive 18 or more demerit points in a 12-month period or 24 demerit points in a 24-month period
• You fail to appear for a scheduled driver improvement clinic

If you are convicted of driving while your license is revoked or suspended, the court may revoke or suspend your license for the same amount of time for which it had previously been revoked or suspended. This will be in addition to any other penalties.

If you are under age 18 and hold a learner's permit or driver's license issued on or after July 1, 1998, you will be required to attend a driver improvement clinic after your first demerit point conviction (including safety belt and child restraint violations). You will not receive safe driving points for attending this clinic. After your second demerit point conviction, DMV will suspend your permit or license for 90 days. After the third demerit point conviction, DMV will revoke your permit or license for one year or until you reach 18, whichever is longer.

Lights

Virginia law requires motorists to use headlights during inclement weather—such as rain, fog, snow or sleet—when visibility is reduced to 500 feet. You must also use your headlights whenever you use your windshield wipers as a result of bad weather.

If your license is suspended, your privilege to drive has been withdrawn temporarily. You may reinstate it following the suspension period unless your license expired during that period.

Revocation, on the other hand, means that your privilege to drive has been terminated. Your driving privileges may be restored if you reapply for a driver's license after the revocation period has passed. You must successfully complete the vision, knowledge and road tests and pay the required fees when you reapply.