As Virginia traffic attorneys, we are often asked by clients and prospective clients how long points resulting from a moving violation such as speeding or reckless driving will remain on their driving record.
Unfortunately, the answer to that simple question is not always so easy to answer because it depends on the state in which the client or prospective client holds a driver’s license. Each state has its own set of rules concerning the number of demerit points any given traffic infraction will result in and for the length of time those points will remain that person’s driving record.
In Virginia, for instance, our Department of Motor Vehicles (often referred to as “DMV”) is responsible for maintaining the driving records for individuals who hold a Virginia driver’s license. When someone is convicted of a moving violation the convicting court sends a notice of conviction and all information concerning the conviction to the DMV. The DMV then notes the violation on the person’s driving record along with the number of demerit points to be assessed, the date the offense occurred and the date of conviction.
For a person licensed in Virginia the demerit points for any given offense only remains on their driving record for two years. After two years, the offense may remain on the person’s record for a longer period of time, and in some instances for ten years or more, depending on the infraction (speeding, reckless driving, driving under the influence, etc…) but the demerit points themselves will only remain on the driving record for two years.
Again, however, each state’s laws are different. While two years is the rule for those who hold a license in Virginia, individuals who hold a license in a different state may want to review their state’s DMV website or contact an attorney who handles traffic matters and who is licensed in their state.