Vehicle Offenses

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  • DMV Point System- Did you know that the accumulation of points on your driver’s license can result in your license being suspended?  Upon conviction of any traffic offense, the West Virginia Department of Motor Vehicles (DMV) will record points on your driving history.    Here are some common examples of driving violations and the number of points added to your license by the West Virginia DMV:
    • Reckless Driving- 6 points
    • Hit and run with property damage- 6 points
    • Speeding in a School Zone- 6 points
    • Fleeing from an officer- 8 points
    • Passing a stopped school bus- 6 points
    • Running a stop sign or stop light- 3 points
    • Failure to yield right of way- 3 points
    • Improper turn- 2 points
    • Passing in a no passing zone- 3 points
    • Not using lights- 2 points
    • Following too closely- 2 points
    • Driving the wrong way on a one-was street- 3 points
    • Littering- 3 points
    • Speeding (mph over the speed limit)
      • 5-9: 2 points
      • 10-14: 3 points
      • 15+: 5 points
    • How many points must be accumulated before my license is suspended? Accumulation of 12 points in any 2 year span will result in your driver’s license being suspended.
    • How long will my suspension last?  The length of the suspension depends upon the amount of points accumulated in the 2 year span.
      • 12-13 points: 30 days
      • 14-15 points: 45 days
      • 16-17 points: 60 days
      • 18-19 points: 90 days
      • 20 or more: suspended until your driving record reflects less than 12 points.        
    • Is there any way to get points taken off of my record sooner?  Yes, if you take a driver improvement course, the DMV will take 3 points off of your driver’s record.  You can only do this once during any 2 year period.
    • Speeding- Almost everyone gets a speeding ticket at some point in their life.  Such a simple thing can quickly turn into a real problem.  Get enough tickets and you can see increased fees, higher insurance premiums, points against your license, and even the loss of your license.  If you are a commercial driver, the laws are even stricter for you. 

 

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    • How many points can I get for speeding?  Tickets written for less than 10 mph over the speed limit do not accumulate points on your driver’s license.  Below is listed the number of points you can receive for speeding depending upon how far over the posted speed limit the ticket is written for:
      • 10 mph -14 mph                     3 points
      • 15 mph or more                      5 points
    • Remember accumulation of 12 or more points can result in your license being suspended for a minimum of 30 days.  Points remain on your driving record for 2 years from the date of the conviction.
  • Reckless Driving- Reckless driving can be very hard to define.  Basically it is any driving action that could be deemed harmful to other persons or property.  In West Virginia, reckless driving is a misdemeanor punishable by possible jail time, fines, and license suspension through the DMV point system.
    • How many points will I get for reckless driving?  A conviction for reckless driving will add 6 points to your driver’s license.
    • Can I really go to jail for reckless driving?  Yes.  While it is not mandatory, the Court could sentence you to a minimum of 5 day days, up to a maximum of 90 days in jail.
  • Driving With a Suspended License-  Driving with a suspended license in West Virginia is a serious offense.  There are many reasons your license may be suspended in West Virginia including a lapse in insurance coverage, failing to pay a ticket, failure to pay child support, failure to pay court fines, and many more.  The penalties for driving on a suspended license are:
    • First Offense- $100- $500 fine
    • Second Offense- $100- $500 fine
    • Third Offense- 30-90 days in jail and a fine of $150-$500.
    • The DMV will also extend the period of time your license was suspended for by 90 days.
  • Driving With a License Revoked for DUI- Driving while your license is revoked for a DUI can land you in hot water very quickly.  Even a first offense carries mandatory jail time, fines, and an additional license suspension.  If your license is revoked for a DUI and you are caught driving in West Virginia, you will face:
    • First Offense- 30 days to 6 months in jail and a fine of $100-$500
    • Second Offense- 6 months to 1 year in jail and a fine od $1,000-$3,000
    • Third Offense- A third offense is a felony punishable by 1-3 years in prison and a fine of $3,000-$5,000.
    • The DMV will also extend the period of time your license was revoked for an additional 6 months.