Personal injury
$730,000
Passenger injury recovery
We recovered $730,000 for a passenger injured when a vehicle turned into oncoming traffic.
Meet our personal injury attorney: Maxie Lawton
Read case detailsVirginia DMV demerit points are tied to traffic convictions, not simply to receiving a ticket. When a court reports a conviction, DMV posts it to the driving record and assigns points when the violation carries a point value. Virginia uses three-, four-, and six-point categories. DMV also posts some traffic violations that do not carry demerit points.
This guide explains the current Virginia DMV framework in plain language. It is general information, not legal advice, and it does not predict how DMV, a court, or an insurer will treat a particular matter. The official sources linked below were reviewed on August 20, 2026. DMV states that its violation lists may change without notice.
| Question | Current Virginia DMV information |
|---|---|
| When are demerit points assigned? | DMV assigns them when a driver is convicted of a traffic violation that carries points. |
| How many points can a violation carry? | Virginia DMV groups point-carrying violations into three-, four-, and six-point categories. |
| How long do demerit points remain valid? | Two years from the date the offense was committed. |
| Is that the same as how long the conviction stays on the record? | No. Conviction retention varies by violation and is listed separately on DMV’s three-, four-, and six-point pages. |
| What are safe driving points? | They are positive points. A driver may accumulate no more than five. |
| Can a clinic erase a conviction or remove demerit points early? | DMV describes clinic awards as safe driving points. The underlying conviction and the two-year demerit-point period are separate. |
According to DMV’s Moving Violations and Point Assessments page, a court notifies DMV after a traffic conviction. DMV then posts the conviction, assigns demerit points according to the offense when applicable, and issues any applicable suspension or driver-improvement order.
A ticket by itself is not the same as a conviction. But the Virginia Judicial System explains that prepaying a prepayable ticket results in a finding of guilt, and points may be added to the driver’s license. The court’s official traffic-ticket payment page should be read before using a prepayment option. Not every charge is prepayable.
DMV also states that demerit points are assigned for traffic convictions incurred in other states. The current public page does not supply a universal state-to-state conversion formula, so a specific result should be checked on the Virginia driving record rather than predicted from a hypothetical example.
The point category and the time a conviction remains visible are separate pieces of information. DMV publishes a current page for each point category and places the conviction-retention period in parentheses beside each listed violation. Because the lists can change, use the linked DMV page to check the exact offense rather than relying on a shortened chart.
DMV’s three-point list includes, among other entries, speeding one to nine miles per hour above the posted limit, improper passing, improper turns, failure to obey a highway sign, and failure to dim headlights. The same page shows that conviction-retention periods within this category are not all identical.
DMV’s four-point list includes speeding ten to nineteen miles per hour above the posted limit, following too closely, several failure-to-yield violations, failure to obey a traffic signal, and a non-reckless stopped-school-bus violation. It also lists several railroad-crossing violations. The retention periods shown on the page vary by entry.
DMV’s six-point list includes numerous reckless-driving entries, driving-under-the-influence entries, driving while suspended or revoked, racing, and specified failures to stop after a crash. It also lists speeding twenty miles per hour or more above the posted limit. The exact conviction listed on a record matters: DMV shows different retention periods for some entries within this one point category.
These examples are not a complete list and do not determine how a pending charge will be resolved. Use the wording on the summons, the court record, and the DMV record when identifying the offense.
DMV states that demerit points remain valid for two years from the date the offense was committed. That does not mean the conviction disappears after two years. The conviction may remain on the driving record for a different period shown beside the specific violation on the DMV category page. DMV further states that a revocation, suspension, disqualification, or cancellation order can cause convictions to remain longer than the listed period.
This distinction is why a single table labeling all three-point convictions as “three years,” all four-point convictions as “three to five years,” or all six-point convictions as “eleven years” is unreliable. The current DMV lists include different retention periods within each point category.
DMV’s Points System page says one safe driving point is assigned for each full calendar year that a person holds a valid Virginia driver’s license and drives without a violation or suspension. Annual safe driving points are awarded in early April for the prior calendar year. The maximum safe driving-point balance is five.
A driver may also be awarded five safe driving points after successfully completing a driver improvement clinic, generally once every twenty-four months. Eligibility depends on why the clinic was taken. A clinic award is not described by DMV as removing three demerit points, erasing a conviction, or changing the two-year validity period of demerit points.
DMV’s Drivers Age 18 and Over page lists the following actions. The twelve- and twenty-four-month windows are both important.
| Demerit-point accumulation | DMV action for drivers age 18 or older |
|---|---|
| 8 points in 12 months or 12 points in 24 months | Advisory letter |
| 12 points in 12 months or 18 points in 24 months | Required driver improvement clinic, to be enrolled in and completed within 90 days |
| 18 points in 12 months or 24 points in 24 months | 90-day suspension, completion of a driver improvement clinic before restoration, and a six-month probation period after restoration |
DMV also states that a demerit-point violation, safety-belt violation, or child-restraint violation committed at age 18 or 19 requires completion of a driver improvement clinic. That age-specific rule is separate from the accumulation thresholds in the table.
The official Drivers Under Age 18 page describes a conviction-based sequence for demerit-point, safety-belt, and child-restraint violations committed before age 18:
DMV says a driver under 18 receives five safe driving points for voluntarily completing a clinic. Safe driving points are not awarded when attendance was required by DMV or a court.
A driver may attend voluntarily, because DMV required attendance, because a court required attendance, or for an insurance reason. DMV’s Reasons for Attending a Driver Improvement Course page explains that the safe-point result differs by attendance reason.
DMV’s Driver Improvement Clinics page says a clinic may be completed online or in person, subject to the stated provider and testing requirements. It describes the course as eight hours and says a clinic may charge no more than $100. A court-required driver should verify what the court will accept and what documentation is needed.
DMV says an insurance company may use its own insurance-point system. Those company-created points are not the same as Virginia DMV demerit points. A DMV point balance therefore does not, by itself, establish how an insurer will evaluate a policy, premium, or renewal.
A CDL holder can face rules beyond the ordinary demerit-point framework. DMV’s CDL Disqualifications page distinguishes major violations, serious violations, out-of-service orders, railroad-crossing violations, and other categories. The effect of a particular conviction can depend on the offense, the vehicle, prior history, and whether the conviction affects commercial or regular driving privileges. A general point chart should not be used to predict a CDL disqualification.
DMV provides an official page to request a driver or vehicle record and a DMV account option to view a point balance. When reviewing a record, compare the exact conviction description, offense date, point category, conviction-retention period, and any DMV order or clinic requirement. Do not infer those details from the original charge alone.
The Virginia Judicial System states that prepayment of a prepayable ticket results in a finding of guilt and that points may be added. A person deciding how to respond should read the summons and official court instructions and identify the actual charge. This article cannot determine whether a charge is prepayable, what defenses may exist, or what result may be available.
The Phoenix Trial Firm’s public attorney profiles list serious traffic matters among the firm’s practice areas and describe representation throughout Hampton Roads and across Virginia. To ask whether the firm is available to review a pending Virginia traffic matter, use its published contact information. Sending a message does not mean the firm has accepted the matter and does not create an attorney-client relationship.
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Choose the matter you want to discuss. See how to get started and what to have ready for the conversation.

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Our team reviews your inquiry. The conversation can cover your injuries, treatment, missed work, insurance questions, and possible next steps.
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Good to knowFor DUI or DWI inquiries, choose Criminal defense & DUI above. This overview does not determine whether you must appear in court. That question requires a review of your specific matter.
Start a conversationTell us the charge description, locality or court, and date shown on your summons or later court notice. For speed-related matters, note the alleged speed and posted limit.
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If we agree to represent you, we explain the work covered and the fee arrangement. Your case is prepared around its specific charge, evidence, and circumstances.
Our clients. Our work.
We represent people facing injury, criminal charges, and serious traffic matters. Here are seven outcomes from our work.
Personal injury
Passenger injury recovery
We recovered $730,000 for a passenger injured when a vehicle turned into oncoming traffic.
Meet our personal injury attorney: Maxie Lawton
Read case detailsCriminal defense & DUI
DUI: second offense
Not guilty of second-offense DUI. A conviction on the separate refusal charge remained.
Read case detailsCriminal defense
Strangulation — Chesapeake Circuit Court
The strangulation charge was dismissed. The separate domestic assault and battery charge received a first-offender deferred disposition.
Read case detailsCriminal defense
Felony eluding
The Commonwealth chose not to proceed with the felony-eluding prosecution. Driver identification was the central issue.
Read case detailsCriminal defense
Domestic assault and battery
The court dismissed the charge after considering the client’s testimony, injury photographs, and cross-examination.
Read case detailsCriminal defense
Firearm charges · preliminary hearing
Both charges were dismissed at the Norfolk preliminary hearing and were not certified to circuit court.
Read case detailsSerious traffic
Reckless driving
A challenge to the radar evidence led to a granted motion to strike and dismissal of the reckless-driving charge.
Read case detailsPast results do not guarantee or predict a similar outcome. Every matter depends on its own facts and circumstances.
Passenger injury recovery
Our client was a passenger in a vehicle when the driver turned into oncoming traffic. A severe arm injury required emergency surgery.
The vehicle’s policy provided $250,000 in coverage. Phoenix pursued an underinsured motorist claim and stacked multiple policies for an additional $480,000 in coverage.
We recovered $730,000 for our client.
View our case resultsPast results do not guarantee or predict a similar outcome. Every matter depends on its own facts and circumstances.
Second-offense DUI and a separate refusal charge
A stop for failing to obey a highway lane marking led to charges of second-offense DUI and refusal of an official breath test.
The officer reported a slight odor of alcohol and slightly slurred speech. There were no field-sobriety or chemical test results. Phoenix challenged whether the evidence proved DUI beyond a reasonable doubt.
The court found the client not guilty of second-offense DUI because the evidence did not establish guilt beyond a reasonable doubt. The client was convicted of the separate refusal charge.
View our case resultsPast results do not guarantee or predict a similar outcome. Every matter depends on its own facts and circumstances.
Chesapeake Circuit Court
Our client faced strangulation and domestic assault and battery charges in Chesapeake Circuit Court following a physical altercation with a partner.
Dante Wright cross-examined the complainant about the reported effects of the altercation. The testimony included no loss of consciousness, no neck marks or bruising, and no hospital treatment or documented neck injury. The defense challenged whether the evidence established the bodily injury required for the strangulation charge and moved to strike.
The court granted the motion to strike and dismissed the strangulation charge. On the separate domestic assault and battery charge, the court found sufficient evidence but granted a first-offender deferred disposition. That charge was not dismissed at this stage.
View our case resultsPast results do not guarantee or predict a similar outcome. Every matter depends on its own facts and circumstances.
Felony eluding
A vehicle registered to our client was clocked at more than 100 mph and crashed near a wooded area after police gave chase. It was empty when the officer arrived. Our client was charged with felony eluding.
The vehicle’s registration and personal items linked it to our client, but the officer had no description identifying him as the driver. Phoenix challenged whether the evidence established who was driving. Our client reported the vehicle stolen that night and said he was elsewhere with a sibling.
The Commonwealth chose not to proceed with the felony-eluding charge, which was resolved by nolle prosequi in circuit court.
View our case resultsPast results do not guarantee or predict a similar outcome. Every matter depends on its own facts and circumstances.
Navy servicemember · Newport News
Our client, a Navy servicemember, faced a domestic assault and battery charge involving her child’s father.
Dante Wright called our client to testify about the incident, introduced photographs showing bruising and redness on her neck and injuries to her face, and cross-examined the complainant.
The Newport News Juvenile and Domestic Relations District Court dismissed the charge. Considering our client’s injuries and the absence of evidence of significant injuries to the complainant, the judge could not determine who was the aggressor.
View our case resultsPast results do not guarantee or predict a similar outcome. Every matter depends on its own facts and circumstances.
Norfolk General District Court
Our client faced charges of possession of a firearm by a convicted felon and second-offense carrying a concealed weapon at a preliminary hearing in Norfolk General District Court.
Dante Wright cross-examined the officers about the evidence linking our client to the firearm. Officers found an object resembling a gun holster on our client, but no firearm. The gun was recovered elsewhere outside an apartment complex, away from our client. No link to the client or the holster was established; fingerprint testing was inconclusive, and no DNA evidence connected him to the firearm.
Both charges were dismissed at the preliminary hearing and were not certified to circuit court.
View our case resultsPast results do not guarantee or predict a similar outcome. Every matter depends on its own facts and circumstances.
A challenge to the radar evidence
Our client faced a reckless-driving charge involving a radar speed measurement.
At trial, the officer could not confirm that the radar had been checked before and after the shift and found accurate. No calibration certificate was presented. Dante Wright moved to strike the evidence.
The court granted the motion to strike and dismissed the reckless-driving charge.
View our case resultsPast results do not guarantee or predict a similar outcome. Every matter depends on its own facts and circumstances.
Answers before your first call
Understand the records to preserve, insurance questions to ask, and how we help injured drivers and passengers.
Read the car-accident guide →Follow the process from investigation and treatment documentation through negotiation and, when appropriate, litigation.
Explore the claim process →Get to know Phoenix
Meet the people behind the firm and learn what to expect when you reach out.
A quick introduction from Dante Wright