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Laws
Different For Under 18-Year-Old Drivers
by David A. Cardon, Esquire
Dear Mr. Cardon,
I am 17 and was recently convicted for
speeding. When I went to court to contest
the charge, the judge found me guilty,
imposed a small fine and court costs.
He did not order me to take a driving
course. A few weeks later, I received
a letter from the DMV telling me to attend
a driver's improvement course or I would
lose my license. Can the DMV require me
to also take a driver's improvement course
when the judge only ordered that I pay
a fine and court costs?
Yes, in addition to what the judge orders,
under Virginia law, the Virginia Division
of Motor Vehicles ("DMV") must
require that you take the course. A law
went into effect in July 1998 restricting
Virginia drivers under the age of 18 who
have a learner's permit or a driver's
license. The restrictions imposed are
related directly to the number of traffic
convictions received. The traffic conviction
must be an offense for which demerit points
have been or could be assessed. A list
of the offenses and the corresponding
restrictions are listed below:
First
offense: After the first conviction,
the under 18-year-old driver is ordered
by the DMV to attend a driver improvement
clinic. Normally, when a driver takes
a driver improvement clinic, five (5)
safe driving points are added to the driver's
DMV record. However, for those under the
age of 18, no safe driving points are
added, even when attendance to the clinic
is voluntary or court ordered. In addition,
the driver cannot drive a vehicle with
more than three other passengers under
the age of 18. There are some exceptions
to this law. The driver can drive with
more than three other passengers under
the age of 18 when the driver is (1) driving
to or from school or place of employment,
and/or (2) driving with passengers who
are members of the driver's family or
household.
Second offense: After
the second conviction, the DMV will suspend
the driver's license or privilege to drive
for ninety days. The suspension is consecutive
to, and not concurrent with, any other
period of license suspension, revocation,
or denial. more>>
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VIRGINIA BEACH, NORFOLK, PORTSMOUTH, CHESAPEAKE, HAMPTON, NEWPORT NEWS
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