Legal Question in Traffic Law in Virginia

Demerit point system in Virginia

I just got a ticket for going 61 mph in a 45 mph zone. VA assigns ''good driver points'', of which I have + 4. This ticket is a 4 point offence. If I prepay, my guilty plea will leave me with (0) points. Not good, not bad. The other option is to go to court and request driving school. I have heard from different people that if you do get driving school, the ticket never appears on your record. Is that true? I ask because the way I see it, the system could work two ways: 1) Driving school in VA has the ability to give you up to + 5 driving points. So if you have a 5 point or less offense, the net effect of driving school would be to nullify the demerit points of the ticket. But the ticket and guilty plea would still be on your record. 2) Driving school makes the ticket go away like it never happened. My dilemma is that I currently have + 4 points. Taking driving school would only give me 1 more point (you can only have a max of + 5), then after the ticket reduced it by 4, I would have (1) ''good'' point remaining (and the minimum points for any ticket is 3). However, If I get another ticket in the next 2 years, driving school can't be used. If #1 is true, then I would pay. If #2 is true, I'll go to driving school. Thanks


Asked on 12/20/06, 11:10 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Demerit point system in Virginia

Numero Uno, is the likely answer. However, the purpose of going to court rather than prepaying your ticket would not be merely for the purpose of requesting driving school(for which you don't need the court's approval or order) but to bargain with the prosecutor for some reduction in the speeding charge in return for your timely guilty plea.

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Answered on 12/20/06, 11:26 am


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