If you are convicted of a traffic offense, the court where you are convicted notifies the Virginia Department of Motor Vehicles (DMV) and the DMV assigns demerit points to your driving record based on the seriousness of the driving offense.
Here are some common examples of moving violations in Virginia and the demerit points associated with them. (The number in parenthesis is the length of time the conviction stays on your DMV record):
| Six Point Violations |
| *****Reckless Driving***** |
| Reckless Driving – Speeding in Excess of 80 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 at a Railroad Crossing (11 Years) |
| Reckless Driving – Driving Too Fast for Conditions (11 Years) |
| Reckless Driving – Faulty Brakes/Improper Control (11 Years) |
| Reckless Driving – Generally (11 Years) |
| *****Driving Under the Influence***** |
| Driving While Intoxicated (11 Years) |
| Driving While Under the Influence of Alcohol or Drugs (11 Years) |
| Driving After Illegally Consuming Alcohol – Persons Under Age 21 (3 Years) |
| Involuntary Manslaughter – Alcohol Related (11 Years) |
| Refusing Blood/Breath Test (11 Years) |
| Driving While Your License is Suspended or Revoked For Driving While Intoxicated (11 Years) |
| Operating Without Ignition Interlock – DMV Requirement (11 Years) |
| ******Manslaughter***** |
| Manslaughter (11 Years) |
| Involuntary Manslaughter (11 Years) |
| Involuntary Manslaughter – Aggravated (11 Years) |
| *****Habitual Offender***** |
| Driving After Being Declared a Habitual Offender (11 Years) |
| Allowing a Person to Drive When Suspended for Habitual Offender and/or Driving While Intoxicated (3 Years) |
| *****Licenses and Permits***** |
| Driving on Suspended License (11 Years) |
| Driving While Your License is Suspended or Revoked (11 Years) |
| *****Commercial Motor Vehicles****** |
| Driving Commercial Motor Vehicle While Disqualified (Conviction Remains Permanently on Your DMV Record) |
| Driving Commercial Motor Vehicle Under Influence of Drugs/Alcohol (Conviction Remains Permanently on Your DMV Record) |
| Refusing Blood/Breath Test While Operating Commercial Motor Vehicle (Conviction Remains Permanently on DMV Record) |
| *****Other Violations***** |
| Speeding 20 mph or More Above the Posted Speed Limit (5 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) |
| Attempting to Elude Police – Felony (11 Years) |
| Attempting to Elude Police – Misdemeanor (3 Years) |
| Operating Unsafe Vehicle (3 Years) |
| Four Point Violations |
| *****Speeding***** |
| 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) |
| *****Stopping/Yielding***** |
| Failure to Drive to the Right and Stop for Police/Fire/Emergency Vehicle (3 Years) |
| Failure to Stop and Yield Right-of-Way (3 Years) |
| Failure to Yield to Funeral Procession (3 Years) |
| *****Following/Signaling***** |
| Following Too Closely (3 Years) |
| Improper Signal (3 Years) |
| *****Railroad Crossings***** |
| Failure to Obey Railroad Crossing Signal (3 Years) |
| Failure to Stop Passenger – Carrying Vehicle at Railroad Grade Crossing (3 Years) |
| *****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) |
| Failure to Stop at the Scene of a Crash, Property Damage (3 Years) |
| Aggressive Driving (5 Years) |
| Failure to Obey Traffic Signal (3 Years) |
| Driving the Wrong Way on a One-Way Highway or Street (3 Years) |
| Disregarding Police Officer’s Signal to Stop (3 Years) |
| Three Point Violations |
| *****Speeding***** |
| Speeding 1-9 mph Above the Posted Speed Limit (3 Years) |
| Impeding Traffic, Slow Speed (5 Years) |
| *****Passing/Driving***** |
| Improper Passing (3 Years) |
| Improper Driving (3 Years) |
| Driving Through Safety Zone (3 Years) |
| Driving a Moped on Interstate Highway (3 Years) |
| Failure to Exercise Due Care – Collision with Pedestrian (3 Years) |
| Driving/Riding on Sidewalk (3 Years) |
| *****Turning/Backing***** |
| 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) |
| 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) |
| Learner’s Permit Violation (3 Years) |
| Permitting Unlicensed Person to Drive (3 Years) |
| *****Commercial Motor Vehicles***** |
| Driving Commercial Motor Vehicle with Alcohol in Blood (Conviction Remains Permanently on Your DMV Record) |
| Driving Commercial Motor Vehicle without License (3 Years) |
| Driving Commercial Motor Vehicle without Endorsements (3 Years) |
| Driving Commercial Motor Vehicle without License in Possession (3 Years) |
| Commercial Driver’s License/Instruction Permit Violation (3 Years) |
| Texting while Operating Commercial Motor Vehicle (3 Years) |
| Driving in Excess of 13 Hours in a 24-Hour Period (3 Years) |
| Driving School Bus without License (3 Years) |
| Other Violations |
| Failure to Stop at the Scene of a Crash, Unattended Property (3 Years) |
| Failure to Leave Scene of a Crash at Direction of Officer (3 Years) |
| Failure to Report a Crash, Unattended Property – Less Than $250 Damage (3 Years) |
| Failure to Change Lanes/Slow Down for Vehicle Displaying Flashing Lights (3 Years) |
| Drinking While Driving (3 Years) |
| Improper Driving/Driving Motorcycle (3 Years) |
| Driving While Using Earphones (3 Years) |
If you are unsure of how many traffic offenses you have on your driving record, you can easily purchase a copy of your record from the Virginia DMV website or in person at a local DMV office for a nominal fee.
Each jurisdiction and each individual judge addresses moving violations in a different way and experienced lawyers who practice regularly in Hampton Roads are familiar with these.
If you are charged with a traffic offense, misdemeanor, or felony charge in one of the Seven Cities, contact our office for a consultation.