Most states use traffic violation demerit point systems whereby a certain number of points are added to a motorist’s driving record for traffic infractions. Generally, the Department of Motor Vehicles (DMV), Secretary of State, or other licensing authority keeps track of traffic violations, assigns points for convictions, and imposes consequences for accumulating a certain number of points.
This article provides an overview of how demerit point systems work, the penalties imposed for accumulating points, and how points are reduced or removed from your driving record.
How Traffic Violations Add Points to Your License (Driving Record)
The number of points assessed for a particular traffic infraction generally depends on the severity of the violation. For example, fewer points are typically assigned to minor infractions, such as disobeying traffic control devices and illegal turning or passing. More points are assigned to more serious offenses like reckless driving, driving under the influence (DUI), driving with a suspended license, and hit and run.
Some states also assign points to a driver’s record if a traffic violation resulted in an accident or the driver is responsible for an accident.
Drivers who are convicted of a traffic infraction in another state are generally assigned the same number of points that would have been assigned had the infraction occurred in the state that the driver is licensed in.
What Happens If You Get Too Many Points On Your License?
The consequences of accumulating demerit points for traffic violations vary among the states. Motorists who accumulate a certain number of points within a certain time period can face any of the following penalties:
- a warning letter from the DMV
- required attendance to an interview or hearing regarding the person’s driving ability and record
- reexamination of the driving test
- additional fines, fees, or surcharges
- completion of a driver improvement course, and
- license suspension or revocation.
The penalties for accumulating traffic violation points are typically more severe for teen drivers and commercial driver’s license holders. For example, in some states, if a driver is under 18 years of age, fewer points accumulated on the teen driver’s record will result in a license suspension. Other penalties for teen drivers accumulating violation points might include a term of probation, parental notification, and a restricted license that requires the teen to be accompanied by a licensed adult driver when operating a vehicle.
If a driver holds a commercial driver’s license, some states mandate a license suspension for certain traffic violation convictions, regardless of the number of points on the driver’s record
How Do You Get Points Removed From Your License?
In many states, demerit points remain on a person’s driving record for a certain period of time before being cleared. In some states, the amount of time points remain on a person’s driving record depends on the severity of the traffic violation. Generally, the more serious the traffic violation, the longer the points will remain on a person’s record.
How Long Do Points Stay on Your License?
In a few states, points stay on a driver’s record permanently. However, in those states, points will typically count towards a penalty for only a certain period of time after the date of conviction. Usually, the expiration period is between a year and three years.
What Are Some Ways You can Remove Points From Your License?
Finally, some states credit or reduce the number of points on a driver’s record if the driver:
- completes a driver improvement course (discussed below)
- pays the fine for the traffic violation on or before the date the payment is due
- does not accumulate any additional points within a certain period of time, or
- has been suspended once for accumulating too many points but has received a reinstated license.
However, because the laws of each state are different, you should check with an attorney or the state department of motor vehicles to learn more about the point system works in your state.
Defensive Driving Courses and Traffic School
Most states, including California and Texas, have some form of traffic school (sometimes called a “driver improvement,” “defensive driving,” or “driving safety” course) that eligible drivers can participate in to mitigate the effects of a moving violation. Completing traffic school usually keeps insurance rates from increasing and might save the driver from a license suspension.
Traffic School Eligibility
Many states have eligibility requirements for traffic school. These typically have to do with how often a driver can do traffic school and for which offenses.
For example, Texas, Arizona, and Florida motorists can participate in traffic school only once every 12 months. In other states, including California and New York, the waiting period is 18 months. And New Jersey drivers are allowed to do a defensive driving course to reduce the number of points on their record only once every five years.
It’s also common for states to hinge traffic school eligibility on the type of offense the driver was ticketed for. Arizona, for instance, prohibits all drivers with traffic violations involving death or serious physical injury from taking a defensive driving course to get the violation dismissed. And some states, including California and Texas, don’t allow motorists cited for hit-and-run offenses to do traffic school.
How Traffic School Works
The process for getting into traffic school varies by state. However, in many states, you have to first plead guilty or “no contest” to the traffic offense. In other states, you just need to inform the court clerk that you want to do traffic school for your citation. Some states also require you to pay the fine for the ticket if you want to attend traffic school.
States that have traffic school typically publish a list of state-approved class providers. Many states have the choice of doing traffic school in a classroom setting or online. Traffic school courses—which might range from four to eight hours—usually cover topics such as defensive driving techniques and state driving laws.
Benefits of Traffic School and Defensive Driving Classes
Generally, once a motorist completes traffic school, the court dismisses the conviction or removes the violation from the motorist’s record. A traffic conviction that has been dismissed or removed ordinarily won’t affect the driver’s insurance rates.
In California, on the other hand, traffic school completion doesn’t lead to dismissal or removal. The traffic infraction remains on the driver’s record, but the Department of Motor Vehicles (DMV) and court keep it “confidential,” meaning there’s no public record of the conviction, and insurance companies can’t find out about it.
Completing traffic school can also keep the “points” for a violation from going on your record. Most states use a point system for keeping track of traffic violations. Each type of violation is assigned a point value. For example, running a red light might be three points. Drivers who accumulate a certain number of points face license suspension. So, in some circumstances, doing traffic school can prevent the loss of your license.