Notice To The General Public During the Coronavirus Crisis (COVID-19):

Please be advised that the Virginia Supreme Court has closed all courts in the Commonwealth of Virginia through May 17, 2020, except for emergency matters such as bond hearings, arraignments, protective order hearings, and other motions, etc. Criminal and traffic trial dates are being continued by the clerks of each court. This law office continues to work on its cases and is open to serve the public during these difficult times. Attorney Yeargan wants to help you with your legal problem. Feel free to contact the law office and make an appointment or to discuss your case over the telephone in a free consultation.

Existing clients are being kept informed about the status of their cases and any new court dates. New clients are being given the same high standard of service and attention to detail as in the past. Attorney Yeargan is dedicated to serving the public with patience and compassion during the COVID-19 crisis. Learn More.

Case results depend on a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case undertaken by the lawyer.
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Virginia Division of Motor Vehicles (DMV) Points for Traffic Convictions

Virginia is a strict state for traffic offenses. It assigns points on a sliding scale based on the severity of the violation. A new driver in Virginia starts off with zero points. Each year that they do not get a traffic conviction they get allocated one (1) good driving point. The highest point balance that a driver may achieve is plus five points (+5). Drivers should strive for this type of record because it helps with insurance costs. If the person is ever charged with a traffic offense, a clean record also helps achieve a good result in court.

In addition, every two years a Virginia licensed driver may complete a driver improvement course. This gives the driver an extra five (5) points on their DMV point balance. This may be done online or in person at a DMV approved course center. Attorney Yeargan recommends the First Driving School administered by Mr. Joseph Yun. It is located in the same building as Mr. Yeargan’s office.

Mr. Yun is a dependable, friendly and reliable individual and will report course completion to DMV on your behalf. The law office and Mr. Yeargan do not have any financial ties with Mr. Yun. Mr. Yeargan does not receive referral fees from the First Driving School.

Points in Virginia fall of a Virginia driving record two years from the date of conviction. The actual conviction itself falls off in a different time period depending on the seriousness of the offense. For instance, Speeding offenses fall off the driving record after five (5) years and Improper Driving offenses fall off the driving record after three (3) years.

Following is a short summary of common types of offenses in Virginia, the points assigned, and the time it takes to fall off the driving record:

  • Driving Under the Influence of Alcohol (6 points, 11 years to fall off record)
  • Refusing Blood/Breath Test
    (6 points, 11 years to fall off driving record)
  • Reckless Driving
    (6 points, 11 years to fall off record)
  • Hit and Run
    (6 points, 11 years to fall off driving record)
  • Driving on Suspended or Revoked License (6 points, 11 years to fall off driving record)
  • Speeding 20 miles or More Over Limit
    (6 points, 5 years to fall off driving record)
  • Speeding 10-19 miles Over Limit
    (4 points, 5 years to fall off driving record)
  • Speeding 1-9 miles Over Limit
    (3 points, 5 years to fall off driving record)
  • Failure to Yield Right of Way
    (4 points, 3 years to fall off driving record)
  • Following Too Closely
    (4 points, 3 years to fall off driving record)
  • Failure to Obey Traffic Signal (4 points, 3 years)
  • Passing Stopped School Bus (non-Reckless) (4 points, 3 years to fall off driving record)
  • Improper U-Turn
    (3 points, 3 years to fall off driving record)
  • Failure to Obey Highway Sign
    (3 points, 3 years to fall off driving record)
  • No Virginia Driver’s License
    (3 points, 3 years to fall off driving record)
  • Permitting Unlicensed Person to Drive
    (3 points, 3 years to fall off driving record)

The full text of driver points assigned by the Virginia DMV may be accessed at the following link.

Out of state drivers who are given a Virginia ticket are not assigned points based on the Virginia system. Any conviction is directly reported to the state where they are licensed. That state will assign points based entirely on their point system. It is imperative that out of state drivers contact their local DMV to get advice about how points will be assigned under that specific system!

Please be advised that some convictions do not carry demerit points in Virginia. Defective Equipment, for example, is a non-moving violation and does not carry any points. It does, however, go on the driving record. Some counties and local jurisdictions, such as Fairfax, have county code violations that carry no points and do not even go on the driving record. Failure to Pay Full Time and Attention is such a county code violation. For this reason, experienced attorneys often try to get traffic tickets reduced to this level of offense.

Attorney Yeargan has achieved outstanding results for hundreds of people in the traffic court system. Please contact him today for information about your specific case. He will give you free advice and strategy on how to handle your ticket to obtain the best result!

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