Does trick to avoid DMV demerit points work?
by David A. Cardon, Esquire


Dear Mr. Cardon,
I received a traffic ticket in Norfolk, Virginia for speeding. A friend told me he knew a way I could avoid having any Division of Motor Vehicle (“DMV”) demerit points assessed against my driving record. He said when I get my fine in the mail, I should send in a payment in excess of the fine amount. For example, if my fine totals $79.00, I should send in a check for $82.00 or some small amount over the fine amount. He said when I do this, the court will send me back a check for the difference, or in this example, $3.00. He told me the trick is not to cash the refund check because demerit points are not assessed against my license until all transactions with the court are complete. He claims he received this information from a reliable computer company that sets up the standard database for each state’s DMV. I want to know, will this work? If it does not work, how can I avoid getting DMV demerit points? How do I get rid of demerit points on my driving record?

Your friend is wrong. His little trick scores big for creativity, but it will not help you to avoid DMV demerit points.

Here is how the system really works. After you are convicted for the speeding offense, the court waits ten days to let you decide whether or not you want to appeal the case to the circuit court. If, after ten days, you have not noted your appeal, the information regarding your conviction is automatically sent to the DMV. The court’s computers are linked to the DMV and the information is sent without human intervention. You can make arrangements with the court to pay your fine over time within ten days of the court hearing, however, the court does not wait until after you have done so to send your conviction information to the DMV. In addition, if you do not pay your fine by the date specified, the court will instruct the DMV to suspend your driver’s license. more>>

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