Getting Familiar With the Virginia Point System

November 22, 2021
woman violating the traffic

The first thing that most drivers in Virginia get anxious about is the number of points that will go on their license after receiving a traffic ticket. However, the Demerit Point System in the state can seem complicated, which is why drivers should make an effort to understand the system and speak to a knowledgeable Fairfax traffic lawyer.

To Whom Does the Demerit Point System Apply?

The Virginia Uniform Demerit Point System applies to all Virginia-licensed drivers and citizens. Out-of-state drivers are not subject to the Commonwealth’s demerit point system. 

For example, in Prince William County General District Court, a person licensed in Georgia who was convicted of reckless driving at 83 mph in a 60 mph zone would be liable to Georgia’s demerit point system, not Virginia’s. 

As a result, out-of-state drivers should contact their state’s department of motor vehicles to find out how many demerit points they would receive for their specific offense.

How to Get Positive Points

Every driver in Virginia starts with a clean driving record. For each year of safe driving, Virginia licensed drivers to gain one positive (+1) point. In-state drivers who voluntarily complete a defensive driving school can earn positive five (+5) points. 

It, however, can only be done every two years. The maximum number of positive points allowed by state legislation is 5. As a result, Virginia’s best driver point balance is +5 points.

Demerit Point Categories

Demerit point violations fall into three categories: three, four, and six demerit point violations. DUI, reckless driving, and driving on a suspended license are all examples of six demerit point offenses, and are reason enough that you should call a reckless driving lawyer Fairfax VA.

For instance, in Fairfax County General District Court, a person convicted of DUI would receive six negative demerit points for the DUI conviction. But do not fret, Fairfax County DUI Lawyers can assist you in navigating these situations.


A person’s ability to accumulate negative points is unrestricted. A person will be placed on probation for what is called “rapid point accumulation.” For example, if a person received negative twelve demerit points in twelve months or 18 points in 24 months, the DMV will suspend their license for 90 days. Additionally, the DMV will place them on a mandatory 6-month probationary period. The DMV will also require that the person undergo a driver improvement clinic within 90 days.

People suspended while on probation may be eligible to apply for a limited driver’s license from the Virginia Division of Motor Vehicles.

If a person completes the probationary period without receiving any demerit points, they will get an eighteen-month control period. During the control period, everyone who earns a demerit point infraction will receive a six-month probationary period. Probation will also be extended for another six months if a person violates the terms of their probation.

The best suggestion is to avoid being placed on probation as much as possible. You should take even minor driving violations carefully because demerit points can accumulate quickly. A person with no points who pays off three speeding fines in the same year, for example, might be placed on probation. 

How a Fairfax DUI Lawyer Can Help

An experienced traffic lawyer Fairfax VA, such as those at Rudolphi Law, understands how to inform their clients about avoiding a collection of demerit points from careless driving and speeding penalties. Call us as soon as it happens.