DMV Demerit Points

Posted by Mark Matney of Matney Law PLLC Newport News VA
www.matneylawpllc.com
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The Virginia Department of Motor Vehicles (DMV) uses a point system to monitor Virginia drivers. The DMV assigns demerit points for driving convictions and rewards safe driving and driver improvement courses with positive points.

A new Virginia driver begins with 0 points. This applies to both first time drivers and drivers who transfer from another state. Drivers earn one point for each calendar year without any traffic infractions or license suspensions. Completing a driver improvement course accelerates the process by providing 5 positive points. Points may only be earned through the course once every two years. The maximum a driver may earn is 5 points.

Courts do not assign demerit points directly. Instead, the DMV assigns demerit points based on the nature of the court conviction. Demerit points are deducted for every moving violation. Each infraction is assigned a point value of -3, -4, or -6, depending on the severity of the offense. Speeding 20+ mph over the limit and all misdemeanors (i.e. reckless driving, DUI, driving with a suspended license) are assigned 6 demerit points. Examples of 4 demerit point violations are speeding (10-19 mph over limit), passing when unsafe, and failure to yield right of way. 3 demerit point violations include speeding (1-9 mph over limit), improper U-turn, and failure to obey a highway sign. If a driver is convicted of more than one violation in the same incident, then DMV will only assign points for the most severe charge.

There is no limit to how many negative points a driver could accumulate. However, DMV will place a driver on probation if he accumulates 12 or more points in a 12-month period or 18 or more points in a 24-month period. An additional demerit point violation while on probation results in suspension of the driver’s license without a restricted license.
For more information about DMV demerit points or traffic infractions, you may refer to www.dmv.virginia.gov or contact Mark Matney at MatneyLawPLLC.com

Traffic Violations

The Lawyers at Matney Law PLLC in Newport News Virginia defend people against traffic violations.  The Matney Law firm defends people in traffic court against reckless driving, speeding, expired registration, expired license, running a red light or stop sign, failure to wear a seat belt, DUI, DWI, driving without a license or with a suspended license, leaving the scene of an accident, hit-and-run accidents, passing a stopped school bus.  Our attorneys serve Williamsburg, Newport News, Hampton, Yorktown, Gloucester, Surry County, Toano.

So You Got A Ticket

Traffic tickets are serious business.

While many view traffic violations as minor infractions and nuisances, traffic tickets and moving violations have the power to wreak havoc on your life. Fees quickly mount, and points from tickets can cause your insurance premiums to skyrocket or result in a revoked or suspended license. Matney Law PLLC does not underestimate the seriousness of traffic violations and doggedly works on your behalf to get the charges you face reduced or dismissed.They can result in fines, court costs and points being placed against your driving record. Accumulating enough points within a two-year period subjects a person to additional sanctions by the Motor Vehicle Administration, including driving school, an official warning letter, a point system conference, suspension or even revocation or driving privileges. And imagine how high your car insurance will be.

Call 757-784-3507

I Welcome Your Comments

Handling a wide array of traffic violation cases

I regularly represent clients charged with traffic violations, including:

Reckless driving
Speeding
Expired registration
Expired license
Running a red light or stop sign
Failure to signal when changing lanes
Failure to wear a seatbelt
Driving under the influence (DUI)
Driving without a license or with a suspended license
Leaving the scene of an accident
Violating license restrictions
Hit-and-run accidents
Passing a Stopped School Bus
Failure to Yield
Unsafe Lane Change
Following too Closely
Whether you have been charged with a moving or nonmoving violation, I possess the knowledge needed to protect your best interests in traffic court.

Lawyer Mark Matney of Matney Law PLLC - Newport News Virginia - DUI and Traffic Court Lawyer

I Welcome Your Comments

Today in Newport News

Posted by Mark Matney of Matney Law PLLC Newport News VA
www.matneylawpllc.com
__________________________________

Today in Newport News...   Matney Law helped four clients accomplish their goals in Newport News courts. The first client was charged with driving on a suspended license, 2nd offense. He needed more time to reinstate his license before his final hearing and the judge granted him a continuance.

Two of the clients were charged with reckless driving by speed with speeds over 80 mph. Both of these clients received amendments to traffic infractions and avoided misdemeanor convictions.

The fourth client received the greatest benefit when his three charges related to an accident were dismissed. It does not happen often, but this client’s dismissals were the result of a law enforcement officer who was not present due to taking another job.

These results were fun, but the day also included another highlight. A stranger paid for my lunch at the hotdog stand across from the courthouse when the vendor had trouble running my credit card.

DUI / DWI Defense Attorney

DUI & traffic court Attorney Mark Matney of Matney Law PLLC in Newport News Virginia is one of the top traffic law firms in the Hampton Roads area of Virginia.  Matney Law defends people in traffic court charged with, DUI, DWI, drunk driving, reckless driving, traffic law, speeding, accident, suspended license, failure to yield.  Our coverage area includes, Newport News, Hampton, Yorktown, Williamsburg, York County, James City County.

DWI Amended to Reckless Driving

Posted by Mark Matney of Matney Law PLLC Newport News VA
www.matneylawpllc.com
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Today I was glad to help a client achieve an amendment from DWI 1st offense to Reckless Driving General.  This result avoided the DWI label while also helping the client avoid the ignition interlock and reduce the period of license suspension from 12 months to 6 months.

Each case involves its own set of circumstances and facts, so I cannot guarantee a particular outcome in a specific case.  In some recent DWI cases the charges associated with the DWI case were dismissed and/or reduced without an amendment of the DWI itself.  However, three other recent DWI clients in the past two weeks received amendments of their DWI charges.  Two clients charged with DWI 2nd offense had their cases reduced to DWI 1st offense and another client received an amendment from a DWI with an elevated 0.20 blood alcohol level to the standard blood alcohol level of below 0.15.

Traffic Violations

The Lawyers at Matney Law PLLC in Newport News Virginia defend people against traffic violations.  The Matney Law firm defends people in traffic court against reckless driving, speeding, expired registration, expired license, running a red light or stop sign, failure to wear a seat belt, DUI, DWI, driving without a license or with a suspended license, leaving the scene of an accident, hit-and-run accidents, passing a stopped school bus.  Our attorneys serve Williamsburg, Newport News, Hampton, Yorktown, Gloucester, Surry County, Toano.

So You Got A Ticket

Traffic tickets are serious business.

While many view traffic violations as minor infractions and nuisances, traffic tickets and moving violations have the power to wreak havoc on your life. Fees quickly mount, and points from tickets can cause your insurance premiums to skyrocket or result in a revoked or suspended license. Matney Law PLLC does not underestimate the seriousness of traffic violations and doggedly works on your behalf to get the charges you face reduced or dismissed.They can result in fines, court costs and points being placed against your driving record. Accumulating enough points within a two-year period subjects a person to additional sanctions by the Motor Vehicle Administration, including driving school, an official warning letter, a point system conference, suspension or even revocation or driving privileges. And imagine how high your car insurance will be.

Call 757-784-3507

I Welcome Your Comments

Handling a wide array of traffic violation cases

I regularly represent clients charged with traffic violations, including:

Reckless driving
Speeding
Expired registration
Expired license
Running a red light or stop sign
Failure to signal when changing lanes
Failure to wear a seatbelt
Driving under the influence (DUI)
Driving without a license or with a suspended license
Leaving the scene of an accident
Violating license restrictions
Hit-and-run accidents
Passing a Stopped School Bus
Failure to Yield
Unsafe Lane Change
Following too Closely
Whether you have been charged with a moving or nonmoving violation, I possess the knowledge needed to protect your best interests in traffic court.

An Unusual Anniversary

Posted by Mark Matney of Matney Law PLLC Newport News VA
www.matneylawpllc.com
__________________________________

May 3, 2017
Today is the one year anniversary of the day one of my clients was charged with driving with a suspended license for at least the 4th time. It is also the date that the charge was amended to a lesser offense that avoided a mandatory minimum ten day jail sentence and 90 days license suspension.

My client and I had to work together to accomplish this result. It required three court appearances along the way. Each time we showed the judge the progress he made and the remaining steps for him to be relicensed. The client did not give up, but kept working on paying fines, setting up payment plans, taking classes, and obtaining restricted licenses.

We are often able to continue this type of case to help someone have more time to regain his license before the final court hearing, but both the number of continuances and the length of time were extraordinary in this case.
The final result of the lesser charge and the avoidance of jail and a new suspension made this long process worthwhile.

Passing A Stopped School Bus

Posted by Mark Matney of Matney Law PLLC Newport News VA
www.matneylawpllc.com
__________________________________

Traffic Violations

The Lawyers at Matney Law PLLC in Newport News Virginia defend people against traffic violations.  The Matney Law firm defends people in traffic court against reckless driving, speeding, expired registration, expired license, running a red light or stop sign, failure to wear a seat belt, DUI, DWI, driving without a license or with a suspended license, leaving the scene of an accident, hit-and-run accidents, passing a stopped school bus.  Our attorneys serve Williamsburg, Newport News, Hampton, Yorktown, Gloucester, Surry County, Toano.

So You Got A Ticket

Traffic tickets are serious business.

While many view traffic violations as minor infractions and nuisances, traffic tickets and moving violations have the power to wreak havoc on your life. Fees quickly mount, and points from tickets can cause your insurance premiums to skyrocket or result in a revoked or suspended license. Matney Law PLLC does not underestimate the seriousness of traffic violations and doggedly works on your behalf to get the charges you face reduced or dismissed.They can result in fines, court costs and points being placed against your driving record. Accumulating enough points within a two-year period subjects a person to additional sanctions by the Motor Vehicle Administration, including driving school, an official warning letter, a point system conference, suspension or even revocation or driving privileges. And imagine how high your car insurance will be.

Call 757-784-3507

I Welcome Your Comments

Handling a wide array of traffic violation cases

I regularly represent clients charged with traffic violations, including:

Reckless driving
Speeding
Expired registration
Expired license
Running a red light or stop sign
Failure to signal when changing lanes
Failure to wear a seatbelt
Driving under the influence (DUI)
Driving without a license or with a suspended license
Leaving the scene of an accident
Violating license restrictions
Hit-and-run accidents
Passing a Stopped School Bus
Failure to Yield
Unsafe Lane Change
Following too Closely
Whether you have been charged with a moving or nonmoving violation, I possess the knowledge needed to protect your best interests in traffic court.

Charged with Failure to Yield Right-of- Way (§ 46.2-863)?

Posted by Mark Matney of Matney Law PLLC Newport News VA
www.matneylawpllc.com
__________________________________

The specific language of Virginia Code Section 46.2-863, Failure to Yield Right-of- Way, must be

examined when defending against this charge.

If the location is not governed by a “Yield Right-of- Way” sign, then to achieve a conviction

under this code section the Commonwealth must prove four specific elements:

1. The driver entered a “highway.”

2. The driver entered the highway “from a side road.”

3. The driver did not “bring his vehicle to a stop immediately before entering [the]

highway.”

4. Traffic was approaching “within 500 feet” of the location where the driver was entering

the highway.

The driver cannot be found guilty of the charge if any of the requirements is missing.

If the driver is not entering onto a highway or is approaching a highway sign, then a different

code section may apply. For example, Virginia Code Section 46.2-864 governs reckless driving

in a parking lot and Virginia Code Section 46.2-821 controls yielding when approaching a stop

sign or yield sign on a highway.

If the driver stopped before proceeding, or if there is no witness to whether the defendant

stopped before proceeding, then the evidence would be insufficient for a conviction.

It is also critical that the Commonwealth prove that the driver pulled out when another vehicle

was within 500 feet. I recently argued a case in which the police officer demonstrated each of

the first three requirements, but was unable to estimate the distance between the oncoming

vehicle and the client’s vehicle at the time the client pulled onto the road. The judge dismissed

the charge for lack of this essential evidence.

Relevant Code Sections:

Virginia Code § 46.2-863. Failure to Yield Right-of- Way.

A person shall be guilty of reckless driving who fails to bring his vehicle to a stop immediately

before entering a highway from a side road when there is traffic approaching on such highway

within 500 feet of such point of entrance, unless (i) a “Yield Right-of- Way” sign is posted or (ii)

where such sign is posted, fails, upon entering such highway, to yield the right-of- way to the

driver of a vehicle approaching on such highway from either direction.

Virginia Code §46.2-821. Vehicles before entering certain highways shall stop or yield right-of-

way.

The driver of a vehicle approaching an intersection on a highway controlled by a stop sign shall,

immediately before entering such intersection, stop at a clearly marked stop line, or, in the

absence of a stop line, stop before entering the crosswalk on the near side of the intersection,

or, in the absence of a marked crosswalk, stop at the point nearest the intersecting roadway

where the driver has a view of approaching traffic on the intersecting roadway. Before

proceeding, he shall yield the right-of- way to the driver of any vehicle approaching on such

other highway from either direction.

Where a "Yield Right-of- Way" sign is posted, the driver of a vehicle approaching or entering

such intersection shall slow down to a speed reasonable for the existing conditions, yield the

right-of- way to the driver of another vehicle approaching or entering such intersection from

another direction, and, if required for safety, shall stop at a clearly marked stop or yield line, or,

in the absence of a stop or yield line, stop before entering the crosswalk on the near side of the

intersecting roadway where the driver has a view of approaching traffic on the intersecting

roadway, and shall yield the right-of- way to the driver of any vehicle approaching on such other

highway from either direction.

§ 46.2-100. Definitions.

"Highway" means the entire width between the boundary lines of every way or place open to

the use of the public for purposes of vehicular travel in the Commonwealth, including the

streets and alleys, and, for law-enforcement purposes, (i) the entire width between the

boundary lines of all private roads or private streets that have been specifically designated

"highways" by an ordinance adopted by the governing body of the county, city, or town in

which such private roads or streets are located and (ii) the entire width between the boundary

lines of every way or place used for purposes of vehicular travel on any property owned, leased,

or controlled by the United States government and located in the Commonwealth.