Q: Can I receive points on my record for a dismissed traffic ticket in Virginia?
In North Carolina, I received a traffic ticket for running a red light which led to a car wreck determined to be my fault. There were no injuries, and my insurance covered all the damages. The ticket was dismissed by the District Attorney on the day of my court date with no conditions. I had one speeding ticket prior, but I haven't checked with the DMV since the dismissal. Would I have received points on my record?
A: You generally would not receive DMV demerit points in Virginia for a charge that was dismissed. That said, the best way to verify whether NC might have reported the charge to Va. is to request a copy of your driver transcript from DMV. If you learn the dismissal was reported & VA has imposed points, you should consult with DMV and/or an attorney regarding contesting the record.
A: True dismissals do not result in points because by definition they are not a conviction.
A:
You’re asking a very important question, and it’s good to clarify things now rather than be surprised later. In Virginia, **points are only added to your driving record when you're convicted of a traffic offense**. Since your red-light ticket in North Carolina was **dismissed with no conditions**, that means there was no conviction—so no points should be added to your Virginia driving record as a result of that ticket.
However, since the accident was determined to be your fault, your insurance company may have reported the crash to the Virginia DMV. This could result in the incident being recorded on your driving history, even without the points. But again, without a conviction for the red-light violation itself, you shouldn’t receive any demerit points from that ticket.
It’s always a smart idea to check your Virginia driving record just to be sure, especially if you’re close to hitting a threshold that could lead to license suspension or driver improvement requirements. You’ve taken care of the financial responsibility after the accident, and that shows responsibility. You’re doing everything right by checking up on it—sometimes, peace of mind is just a few clicks or a quick DMV request away.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.