Can I Get Points Removed From My License? Here’s How
Learn how license points can be reduced through official processes, time-based expiration, and strategic legal or educational actions.
Accumulating points on your driver’s license can increase insurance premiums and potentially lead to suspension.1Wikipedia. Point System (Driving) Drivers often ask if these points can be removed or reduced. While rules vary by state and violation type, options are sometimes available.
Driver Improvement Courses
Completing a state-approved driver improvement course, sometimes called defensive driving or traffic school, is one way drivers may address points.2AllLaw. Taking Traffic School to Dismiss or Avoid the Penalties for a Traffic Ticket These courses review safe driving practices. Attendance can be voluntary or court-ordered, depending on the violation or the number of points already accrued. The main incentive for drivers is often the potential reduction of points linked to a traffic ticket.
Eligibility for point reduction through these courses depends on state-specific rules. Typically, they apply only to minor moving violations, excluding serious offenses like DUIs or reckless driving. States often limit how frequently a driver can take a course for point reduction, perhaps only once every 12 to 36 months. Drivers with commercial licenses (CDLs) may be ineligible for point reduction, even for violations in personal vehicles, due to stricter federal and state standards.
Successful completion usually requires several hours of instruction, online or in person, followed by an exam. The course provider then notifies the state motor vehicle agency or court. Depending on local regulations, this might remove a set number of points from the driver’s record or prevent points from being added for the specific violation that led to the course.
Court Petitions
Drivers may also turn to the courts to address points by challenging the underlying traffic conviction. This involves asking the original court to reconsider the case. If the conviction is overturned or modified, the associated points can be removed by the state licensing authority.
A common approach is filing a “motion to vacate,” a formal request to cancel the original guilty finding. Reasons might include the driver being unaware of the plea’s consequences, improper notification of hearings, discovery of significant new evidence, or a violation of legal rights during the initial process. Some jurisdictions allow reopening cases based on mistake or excusable neglect, though strict time limits usually apply.
Another option is seeking to amend the charge. A driver, often with legal help, might negotiate with the prosecutor to change the conviction to a lesser offense carrying fewer or no points, such as changing a speeding ticket to a non-moving violation. Successfully vacating or amending a conviction requires following specific court procedures and often depends on the judge’s discretion or the prosecutor’s agreement based on the case’s facts and legal arguments.
Point Expiration
Points added to a license after a traffic conviction generally do not stay active forever. Most states have systems where points automatically expire after a set period, typically calculated from the violation or conviction date.3FindLaw. Driver’s License Points by State This passive removal means drivers don’t need to take specific action for these points to stop counting toward administrative penalties like license suspension.
The time points remain active varies, commonly ranging from one to three years. Some systems might remove points after 12 months, while others use 18, 24, or 36 months. Points for more serious violations can remain active longer, sometimes for many years. As time passes without new violations, the number of active points decreases naturally.
It is crucial to understand that point expiration usually does not erase the record of the traffic conviction itself. While expired points may no longer count towards suspension thresholds, the conviction often stays on the official driving record for a longer period, potentially several years or even permanently for severe offenses. This record may remain visible to insurance companies or employers long after the points have expired.
Fees and Conditions
Addressing points on a license often involves costs and specific requirements. Driver improvement courses require tuition fees, which vary by provider and format (online vs. classroom). Payment is usually needed upfront. Eligibility conditions also apply, such as limits on how often a course can be taken for point reduction (e.g., once per 12-month period). Successful completion typically requires submitting proof, like a certificate, to the court or motor vehicle department within a set deadline.
Pursuing point removal through court petitions involves court fees and procedural rules. Filing motions, like a motion to vacate a traffic judgment, usually requires paying a filing fee, which varies by court. Drivers unable to afford these fees may apply for a waiver by demonstrating financial hardship. Success also depends on meeting deadlines set by court rules and presenting legally valid grounds for the request. Adhering to service requirements, ensuring the opposing party receives proper notice of the motion, is also necessary for the court to consider it.
When to Seek Legal Help
While handling a minor traffic ticket may seem simple, certain situations warrant consulting an attorney. If the offense is serious (e.g., DUI, reckless driving, leaving an accident scene), potential penalties go beyond points and fines to include significant legal consequences like license revocation or jail time. An attorney experienced in traffic law can assess the case, explain potential outcomes, and build a defense.
Legal help is also advisable if a driver risks accumulating enough points to trigger license suspension. If a recent ticket puts a driver near or over the suspension threshold, an attorney might negotiate a resolution that avoids or reduces points, potentially saving driving privileges. This is particularly relevant for commercial drivers, for whom even minor violations can have serious job implications.
An attorney can be beneficial when there are grounds to challenge the conviction itself, such as belief the ticket was unfair or procedural errors occurred. They can evaluate the chances of contesting the citation or filing motions to vacate a prior plea, navigating the necessary court rules and procedures. While not always necessary for minor infractions, legal representation is often valuable for serious charges, potential suspensions, complex legal arguments, or when negotiation is needed to mitigate the consequences of traffic points.
