Showing posts with label Driving Law. Show all posts
Showing posts with label Driving Law. Show all posts

Wednesday, June 22, 2016

South Carolina Driving Law

Information on South Carolina driving law and South Carolina traffic laws...

Keeping Your License

Your driver's license grants you the privilege of driving a motor vehicle on South Carolina's streets and highways. You may also enjoy, with your South Carolina driver's license, the privilege of operating a motor vehicle in every state of the United States.

If License is Withdrawn

If your license is withdrawn under South Carolina driving law, this means that there is some condition that has come to the attention of the Department which says you are not qualified to have a driver's license. You will not be able to get one again until the reason for the withdrawal is corrected.

If License is Revoked

If your license is revoked under South Carolina driving law, you must wait until the period of revocation is passed, make a new application and take the complete examination just as if you never had a license. You should check to determine the financial responsibility requirement.

If License is Suspended

If your license is suspended under South Carolina driving law, you cannot drive again until the time has passed for your suspension under the point system; for driving under the influence; or for two charges of reckless driving, and so forth.
You must take both the knowledge and road tests for reinstatement of your driving privilege. You should check to determine the financial responsibility requirements also.

If License is Cancelled

If your license is cancelled under South Carolina driving law, this indicates that you never should have had a valid license in the first place, except where a signature of responsibility for a minor is withdrawn. It could come about because of falsification of information on your license application or concealing facts which could affect your driving privilege.
If your license is revoked, suspended or cancelled, the Department will mail you a letter. For certain offenses, you must surrender your license to the court at the time of conviction.
If you do so, your suspension period may begin on the date of the conviction unless you are already suspended for another reason. If you do not surrender your license to the court, you must either bring or send it to the Department.

License Revocation

In accordance with South Carolina driving law, your license will be revoked when:
  1. You are found guilty of killing any person while driving a car in a careless manner.
  2. You are found guilty of any felony in which a motor vehicle is used.
  3. You are involved in any accident in which someone is killed or injured and you fail to stop and give assistance
  4. You are convicted of driving a motor vehicle engaged in a race on a public street or highway.
  5. You furnish false information pertaining to financial responsibility on your motor vehicle registration.
  6. You become mentally or physically incompetent to drive.

License Suspension

In accordance with South Carolina driving law, your license will be suspended for violation of South Carolina traffic laws when:
  • You are found guilty, or forfeit bond, on a charge of driving while under the influence of intoxicating liquor or narcotic drugs. For the first conviction your license will be suspended for six months, for the second offense one year, for the third offense two years. This is in addition to the fines that may be imposed.
  • You refuse to take the test for intoxication when called upon to do so by a law enforcement officer. If the officer has complied with all the requirements of the law in this instance, then your refusal to take the test can mean that your driving privileges will be suspended for 90 days. This is in addition to any suspension if you are convicted of driving under the influence of intoxicating liquor.
  • You are convicted of reckless driving for a second time within five years and each subsequent conviction within that period. The law provides severe penalties for those found guilty of reckless driving. You are driving recklessly when you willfully drive any car or other motor vehicle in a manner that disregards the lives and property of others. Your driver’s license will be suspended for three months if you are convicted (or forfeit bond) on a second charge.
  • You are involved in an accident and subsequently sued for damages and an unsatisfied judgment is rendered against you.
  • You help another person to race on a public highway by lending him a motor vehicle, or if you "soup up" an engine for the purpose of racing either for yourself or someone else. The penalties for this violation of the racing law are severe:
    • If you are convicted of taking part in a race on any public road, street or highway, you may be fined or imprisoned or both. In addition, your driver’s license and vehicle registration will be suspended for one year.
    • If you assist in a race, or permit your vehicle to be used in a race, you may be fined and/or imprisoned. In addition, your driver’s license and your vehicle registration will be suspended for three months.
  • You are convicted of hauling illegal whiskey.
  • You accumulate 12 points under the point system law. This also goes for violations committed out of the state.

South Carolina Driving Law Point System

If you are a violation-prone driver but will recognize your faults and so improve your driving so that you get no more points, your record will eventually be cleared. Under South Carolina driving law, points one year old are cut in half, and after two years they will be wiped out completely.
A provision in South Carolina driving law provides for reducing a driver’s points by four upon successful completion of an approved defensive driving course. Only one such reduction in a three-year period is permitted under this provision.
Under South Carolina driving law, the following are violations of South Carolina traffic laws and the points for each:
  • Reckless driving - 6
  • Passing stopped school bus - 6
  • Hit-and run, property damage only - 6
  • Driving too fast for conditions, or speeding
    • Not more than 10 m.p.h. above the posted limit - 2
    • More than 10 m.p.h. above the posted limits - 4
    • 25 m.p.h. or above posted limits - 6
  • Disobedience of any official traffic control device - 4
  • Disobedience to officer directing traffic - 4
  • Failing to yield right of way - 4
  • Driving on wrong side of road - 4
  • Passing unlawfully - 4
  • Turning unlawfully - 4
  • Driving through or within safety zone - 4
  • Failing to give signal, or giving improper signal, for stopping, turning or suddenly decreasing speed - 4
  • Following too closely - 4
  • Operating with improper brakes - 4
  • Operating with improper lights - 2
  • Shifting lanes without safety precaution - 2
  • Failing to dim lights - 2
  • Operating a vehicle in an unsafe condition - 2
  • Driving in improper lane - 2
  • Improper dangerous parking - 2
  • Improper backing - 2

License Cancellation

In accordance with South Carolina driving law, your license can be cancelled:
  1. If you are a minor (under 18 years old) and your parent or guardian or whoever signed for you withdraws his or her signature from your license application
  2. If you give false information on your application

Driving Under Suspension

Of course, if your license has been revoked, suspended or cancelled for violations of South Carolina traffic laws you must not drive a vehicle until the condition which brought about such an action is cleared. If you do and are apprehended and convicted, under South Carolina driving law you will be fined and/or imprisoned and your suspension will be doubled.
For a second conviction, there is a fine and/or imprisonment and the suspension time will again be double. For a third and subsequent offense you are liable to imprisonment and your license suspension will be double.

Driving Without a License

Under South Carolina driving law, the penalty for driving without a license includes a fine and/or imprisonment.

Habitual Offenders

An habitual offender driver law is in effect in South Carolina. Its aim is to remove from the highways those drivers whose driving records show they are a danger to others.
South Carolina traffic laws provide that any driver who accumulates three or more convictions for certain major offenses (listed below) or 10 or more convictions for moving violation for which four or more points are assigned under the point system within a three-year period may be classified as an habitual offender. When these conditions exits, the Department certifies the driving record.
Under South Carolina driving law, the serious offenses are:
  1. voluntary or involuntary manslaughter involving a motor vehicle;
  2. operating or attempting to operate a motor vehicle while under the influence of intoxicating liquor, narcotics or drugs, or unlawful alcohol concentration;
  3. driving or operating a motor vehicle in a reckless manner;
  4. driving a motor vehicle while license, permit or privilege to drive a motor vehicle has been suspended, cancelled or revoked;
  5. any offense punishable as a felony under the motor vehicle laws or any felony in the commission of which a motor vehicle is used;
  6. failure of the driver of a motor vehicle involved in any accident resulting in the death or injury of any person to stop close to the scene of the accident and to report his identity.
In accordance with South Carolina driving law, once a driver has been classified a habitual offender, he will have his driver's license suspended for five years.

Rhode Island Driving Law

Information on Rhode Island driving law and Rhode Island traffic laws...

Suspension or Revocation of Licenses & Violations

Offenses resulting in mandatory revocation of license.

In accordance with Rhode Island driving law, the license of any chauffeur or operator shall be immediately revoked upon receipt by the division of motor vehicles of a record of the operator's or chauffeur's final conviction for any of the following offenses of Rhode Island traffic laws and the term of revocation shall be for the periods enumerated:
  1. Manslaughter resulting from the operation of a motor vehicle, or operating so as to endanger resulting in death, three (3) years;
  2. Driving a motor vehicle while under the influence of a narcotic drug as defined in chapter 28 of title 21, which renders him or her incapable of safely driving a motor vehicle, one year;
  3. Driving a motor vehicle while under the influence of intoxicating liquor, the period of time, if any, as may be ordered in the final sentence imposed by a court having jurisdiction to impose the sentence;
  4. Any felony in the commission of which a motor vehicle is used, eighteen (18) months;
  5. Failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another, two (2) years;
  6. Perjury or the making of a false affidavit or statement under oath to the division of motor vehicles under any other law relating to the ownership or operation of motor vehicles, two (2) years;
  7. Conviction, or forfeiture of bail not vacated, upon three (3) charges of reckless driving committed within a period of twelve (12) months, three (3) years;
  8. Conviction of altered or fraudulent license used to purchase or attempt to purchase alcoholic beverages, three (3) months.

Reinstatement after revocation or suspension.

(a) In accordance with Rhode Island driving law, any person whose license or privilege to drive a motor vehicle on the public highways has been revoked or suspended for violations of Rhode Island traffic laws shall not be entitled to have a license or privilege renewed or restored unless the revocation or suspension was for a cause which has been removed.
After the expiration of the term of the revocation or suspension he or she may apply to be restored to his or her right to drive; but, in accordance with Rhode Island driving law, the division of motor vehicles shall not grant the application unless and until it is satisfied after investigation of the driving ability of the person that it will be safe to license him or her to drive a motor vehicle on the public highways and it has received a reinstatement fee of seventy-five dollars ($75.00).
Under Rhode Island driving law, the reinstatement fee and assessment fee shall not be required by any person whose license was suspended on the basis of physical or mental fitness and who has later been declared competent to operate a motor vehicle.
(b) Any person whose license has been suspended on the basis of physical or mental fitness shall have the right to request review at any time of the suspension determination in accordance with the hearing procedures of 31-11-7(d) & (f), Rhode Island driving law.

"Habitual offender" defined.

In accordance with Rhode Island driving law, an "habitual offender" is any person, resident or nonresident, whose record, as maintained in the office of the division of motor vehicles, shows that the person has accumulated the convictions, or findings of delinquency or waywardness in the case of juveniles, for separate and distinct offenses of Rhode Island traffic laws, described in subdivisions (1), (2), and (3) of this section, committed within a three (3) year period, provided that where more than one included offense shall be committed within a six (6) hour period the multiple offenses shall, on the first occasion, be treated for the purposes of this article as one offense, provided the person charged has no record of prior offenses chargeable under this article, and provided further that the date of the Rhode Island driving law offense most recently committed occurs within three (3) years of the date of all other offenses the conviction for which is included in subdivision (1), (2), or (3) of this section as follows:
(1) Three (3) or more convictions, or findings of delinquency or waywardness in the case of a juvenile, singularly or in combination, of the following separate and distinct offenses of Rhode Island driving law arising out of separate acts:
(i) Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle;
(ii) Driving or operating a motor vehicle while under the influence of liquor or drugs in violation of 31-27-2;
(iii) Driving a motor vehicle while his or her license, permit, or privilege to drive a motor vehicle has been suspended or revoked in violation of 31-27-2.1 or chapter 11 of this title;
(iv) Willfully operating a motor vehicle without a license;
(v) Knowingly making any false affidavit or swearing or affirming falsely to any matter or thing required by Rhode Island traffic laws or as to information required in the administration of the laws;
(vi) Any offense punishable as a felony under Rhode Island driving law or any felony in the commission of which a motor vehicle is used;
(vii) Failure of the driver of a motor vehicle involved in an accident resulting in the death or injury of any person to stop close to the scene of the accident and report his or her identity in violation of 31-26-1; or
(viii) Failure of the driver of a motor vehicle involved in an accident resulting only in damage to an attended or unattended vehicle or other property in excess of one hundred fifty dollars ($150) to stop close to the scene of the accident and report his or her identity or otherwise report the accident.
(2) Six (6) or more convictions, or findings of delinquency or waywardness in the case of a juvenile, of separate and distinct Rhode Island driving law offenses, singularly or in combination, in the operation of a motor vehicle which are required to be reported to the division of motor vehicles and the commission of which requires the division of motor vehicles or authorizes a court to suspend or revoke the privilege to operate motor vehicles on the highways of this state for a period of thirty (30) days or more, and the convictions shall include those offenses of Rhode Island traffic laws enumerated in paragraph (1)(ii) of this section when taken with and added to those offenses described in this section.
(3) The Rhode Island driving law offenses included in subdivisions (1) and (2) of this section shall be deemed to include offenses under any valid town or city ordinance paralleling and substantially conforming to the state statutory provisions cited in subdivisions (1) and (2) of this section and all changes in or amendments of them, and any federal law, and law of another state or any valid town, city, or county ordinance of another state substantially conforming to those statutory provisions.

Pennsylvania Driving Law

Information on Pennsylvania driving law and Pennsylvania traffic laws...

Pennsylvania's Point System

Under PA driving law, the purpose of the point system is to help to improve driving habits and to ensure safe driving. Points are added to a driving record when a driver is found guilty of certain violations of Pennsylvania traffic laws. PENNDOT begins to take corrective action when a driving record reaches 6 or more points.
Under PA driving law, when a driving record reaches 6 or more points for the first time, the driver will receive a written notice to take a written special point examination.
Under PA traffic laws, when the driving record is reduced below 6 points and reaches 6 or more points for a second time, the driver will have to attend a departmental hearing.
In accordance with Pennsylvania traffic laws, further accumulations of 6 or more points will result in additional departmental hearings and sanctions to your driving privilege.
In addition to these requirements, Pennsylvania driving law requires the driving privilege of a person under the age of 18 to be suspended if that person accumulates six (6) or more points or is convicted of driving 26 miles per hour or more over the posted speed limit.
Under Pennsylvania driving law, the first suspension will be for a period of 90 days. Any additional occurrences will result in a suspension of 120 days.
The following indicates the violations of Pennsylvania driving law and the number of points given for violation of those PA traffic laws:

PA Driving Law Violation - Points

  • Violation of restriction on driver’s license; wearing glasses, etc - 2
  • Violation concerning license - 3
  • Failure to obey policeman or authorized person - 2
  • Failure to stop for a red light - 3
  • Failure to stop for a flashing red light - 3
  • Failure to yield half of roadway to oncoming vehicle - 3
  • Improper passing, overtaking vehicle on left - 3
  • Improper passing on the right - 3
  • Improper passing on the left, clear distance ahead - 3
  • Improper passing on a hill - 4
  • Improper passing at a railroad crossing or intersection - 3
  • Improper passing at a bridge or tunnel - 3
  • Improper passing in a no-passing zone - 3
  • Following too closely - 3
  • Failure to yield to driver on the right at intersection - 3
  • Failure to yield to oncoming driver when making left turn - 3
  • Failure to stop at stop sign - 3
  • Failure to yield at yield sign - 3
  • Failure to yield when entering or crossing roadway between intersections - 3
  • Improper turning around-illegal U-turns - 3
  • Failure to obey signal indicating approach of train - 2
  • Failure to comply with crossing gate or barrier - (30-day suspension) and - 4
  • Failure to stop at railroad crossing - 4
  • Failure to stop when entering from alley, driveway or building - 3
  • Failure to stop for school bus with flashing red lights and stop arm extended - (60-day suspension) and - 5
  • Driving too fast for conditions - (if violation occurs in an active work zone and in conjunction with an accident, 15-day suspension) and - 2

Exceeding Maximum Speed - Miles over Speed Limit:

  • 6 to 10 - 2
  • 11 to 15 - (if violation occurs in an active work zone, 15-day suspension) and - 3
  • 16 to 25 - (if violation occurs in an active work zone, 15-day suspension) and - 4
  • 26 to 30 - (if violation occurs in an active work zone, 15-day suspension) and - 5
  • 31 and over - Departmental Hearing and Sanctions provided under Section 1538(d) and - 5 (if violation occurs in an active work zone, also 15-day suspension)

Other Violations

  • Exceeding special speed limit in school zone - 3
  • Exceeding special speed limit for trucks on downgrades - 3
  • Failure to yield to pedestrian in crosswalk - 2
  • Failure to yield to pedestrian on sidewalk when entering from a driveway or alley - 3
  • Failure to yield to blind pedestrians - 3
  • Improper backing - 3
  • Careless driving - 3
  • Leaving the scene of an accident involving property damage only - 4

Point Removal for Safe Driving

Under Pennsylvania driving law, three points are removed from a driving record for every 12 consecutive months in which a person is not under suspension or revocation or has not committed any violation of Pennsylvania traffic laws which results in the assignment of points or the suspension or revocation of the driving privilege.
Once a driving record is reduced to zero and remains at zero points for 12 consecutive months, any further accumulation of points is treated as the first accumulation of points.

Suspensions and Revocations

In accordance with Pennsylvania driving law, if you are convicted of any one of the following Pa traffic law violations, your driving privilege will be suspended or revoked. Please note this is only a partial listing.
  • Operating a motor vehicle while under the influence of drugs or alcohol
  • Any felony involving a vehicle
  • Homicide by vehicle
  • Failure to stop when you are driving a vehicle involved in a crash (hit and run offense)
  • Reckless driving
  • Racing on highways
  • Driving without lights to avoid identification
  • Fleeing from a police officer
  • Driving when your license is already suspended or revoked
  • A second or any additional offense of driving without a valid license within a 5-year period
  • Failure to stop for a school bus with its red lights flashing and stop arm extended (60-day suspension)
  • Failure to comply with a railroad crossing gate or barrier (30-day suspension).
In accordance with Pennsylvania driving law, if a driving privilege is to be suspended or revoked, a written notice listing the date when the suspension/revocation will begin will be mailed to the driver.
Under PA driving law, the driver’s license must be returned to the Bureau of Driver Licensing by the effective date of suspension listed on the notice, or the State Police and local police will be notified to pick up the license.
Under Pennsylvania driving law, NO credit toward serving the suspension or revocation shall be earned until the driver’s license is surrendered to PENNDOT.
In the case of an unlicensed driver, an Acknowledgement of Suspension/Revocation (Form DL-16LC) or an affidavit acknowledging the sanction must be surrendered to PENNDOT in lieu of a driver’s license.
Under PA traffic laws, drivers may appeal the suspension/revocation in the Court of Common Pleas (Civil Division) of their county of residence. The appeal must be filed within 30 days of the mailing date of the notice.
In addition to serving the suspension or revocation, proof of payment for any fines and costs owed, proof of insurance (financial responsibility), and a restoration fee must be paid before driving privileges will be restored.
In accordance with Pennsylvania driving law, after the driving privilege is restored, the driving record will show five points, regardless of the number of points that appeared on the record before the license was suspended, except in the cases of:
  • Underage drinking
  • A 15-day suspension resulting from a hearing for the second accumulation of six points
  • Suspension for failing to respond to a citation

Oregon Driving Law

Information on Oregon driving law and Oregon traffic laws...

Violations and License Suspensions

If you get a ticket for violating nearly any rule of the road or driver licensing, registration or vehicle equipment laws, the offense is called a traffic violation.
Under Oregon driving law, if you choose to forfeit bail or if a judge convicts you, you may be required to pay a fine. If you forfeit the bail, it is considered a conviction on your driving record for a violation of Oregon Traffic Laws.

Traffic Crimes

Some Oregon traffic law offenses are so serious that if you break these laws you are charged with traffic crimes.
Under Oregon driving law, you do not need to be driving on a public highway to be charged with these offenses. You also may be charged in areas or premises open to the general public for use of motor vehicles, such as parking lots on either public or private property. You also may be charged with these offenses in some off-road areas.
Driving while under the influence of intoxicants, failure to perform the duties of a driver, reckless driving, fleeing or trying to elude a police officer, and some driving while suspended or revoked charges, are traffic crimes.

Driver Improvement Program

Under Oregon driving law, if you commit an offense of Oregon traffic laws, you are subject to certain procedures and penalties aimed at improving your driving ability and keeping only safe drivers on the roads.
These procedures and penalties are the minimum actions that will be taken. You may face additional legal sanctions, depending upon the severity of the traffic offense for which you are convicted.

Here's what happens to drivers under 18

Under Oregon driving law, if you have two convictions, or two accidents, or a combination of one and one accident, DMV will restrict your driving privileges for three months to drive only to and from work or when required for your job. During the three-month restriction, you may not drive with passengers except your parent, stepparent or
These restrictions are in addition to the restrictions placed on a driver in the first year of a provisional license. In accordance with Oregon driving law, a conviction for violation of these restrictions could result in a suspension or revocation of your driving privileges.
If you get another conviction or accident, DMV will suspend your driving privileges for one year, even if you turn 18 years of age during the suspension period.

Here's what happens to drivers over 18

In accordance with Oregon driving law, if you have three convictions, or three accidents, or a combination that equals three, in an 18-month period, DMV will restrict your driving privileges for thirty days.
The restriction will not allow you drive between 12 midnight and 5 a.m., unless driving to and from work or when required for your
Under Oregon driving law, if you have four convictions or four accidents, or a combination that totals four, in a 24-month period, DMV will suspend your driving privileges for thirty days.

Habitual Traffic Offenders

DMV will revoke your driving privileges for five years if you are convicted of three or more of the following offenses of Oregon driving law within a five year period:
  • Any degree of murder, manslaughter, criminally negligent homicide, assault, recklessly endangering another person, menacing or criminal mischief resulting from the operation of a motor vehicle.
  • Driving while under the influence of intoxicants.
  • Driving while your driving privileges are suspended or revoked (felony and misdemeanor charges only).
  • Reckless driving.
  • Failure to perform the duties of a driver after a collision.
  • Fleeing or attempting to elude a police officer.
Under Oregon driving law, DMV will also revoke your driving privileges as an habitual traffic offender if you are convicted of 20 or more violations of Oregon traffic laws within five years.
Violations of Oregon traffic laws such as driving while suspended or revoked, speeding, fail to yield right of way or running red lights are some examples of convictions of Oregon driving law that can be counted to classify you as an habitual traffic offender.

Suspensions and Revocations

Under Oregon driving law, if a judge suspends your driving privileges, you may get a suspension order in court. The court will confiscate your driver license and return it to DMV.
If DMV suspends your driving privileges, DMV will send a notice of suspension to the address on your driving record. If you have a license in your possession, you must return it to a DMV office when the suspension begins.
After the suspension or revocation begins, you may not drive any motor vehicle on highways or premises open to the public.
Under Oregon driving law, some convictions for violations of Oregon traffic laws are so serious that your driving privileges are revoked for eight years or longer.

Reinstatement Fees

Under Oregon driving law, there is a $75 reinstatement fee to restore driving privileges that have been revoked or suspended for violations of Oregon traffic laws.

Oklahoma Driving Law

Information on Oklahoma driving law and Oklahoma traffic laws...
If your license is suspended or revoked, you can’t apply for a new license until you are reinstated and you can't legally drive until your license is restored. Under Oklahoma driving law, driving with a suspended or revoked license is a serious crime and the punishment can be severe.
If you drive carelessly, if you disobey Oklahoma traffic laws, or for any other reason you are not driving safely, you may be required to appear for a Driver Improvement hearing.

The Driver Improvement Bureau

In accordance with Oklahoma driving law, the Driver Improvement Bureau of the Department of Public Safety was created to work with drivers who won’t or don’t know how to drive in a safe manner.
The program is designed to provide self-improvement and safer driving techniques to Oregon traffic law violators and people involved in collisions.
People with physical conditions that affect their driving may be required to obtain Driver Improvement approval to get or retain a driver license. Oklahoma law authorizes a Medical Advisory Committee, composed of medical doctors, to recommend standards for the physical, emotional, and mental capacity of license applicants and licensed drivers.
A Driver Improvement Course can include activities such as meeting with others for instruction or counseling, defensive driving techniques, identifying collision traps, how we increase the risk of a collision, and the importance of a proper attitude.
Under Oklahoma driving law, when self-improvement does not occur or can't be achieved, the Department of Public Safety must suspend or cancel driving privileges for the safety of the individual and all other drivers on Oklahoma’s streets and highways.

Probationary License

Under Oklahoma traffic laws, a license issued to drivers under 18 is considered probationary: You are on a trial period to show you can drive safely and legally. The Department of Public Safety can, at its option, cancel or suspend your license for any moving traffic violation.

Mandatory Revocation of Your License

Oklahoma driving law requires that the driving privilege be revoked (withdrawn) for six months to three years for a conviction of any of the following violations of Oklahoma traffic laws:
  • Driving or being in actual physical control of a motor vehicle while under the influence of intoxicants. (No additional suspension will be made if the driving privilege has already been revoked under the Implied Consent Law for the same incident.)
  • Any felony in which a motor vehicle is used.
  • Failure to stop and render aid if you are a driver involved in a collision resulting in death or personal injury (leaving the scene of a collision/hit-and-run).
  • Perjury or making a false statement under oath to obtain a license or for any other legal matter relating to the ownership or operation of a motor vehicle.
  • If under age 21, driving or being in actual physical control of a motor vehicle with any measurable quantity of alcohol.

Oklahoma Mandatory Point System

The Mandatory Point System is a method by which the Department of Public Safety monitors your driving. Under Oklahoma driving law, you start with a clean record - no points. Each time you are convicted of a pointable violation of Oklahoma traffic laws, you are assessed one or more points on your driver's record. If you accumulate 10 or more points within five years, your license will be suspended.
Points can be reduced as discussed below.
In accordance with Oklahoma driving law, a driver convicted of these offenses, in any court, anywhere, having authority over these violations, will be assessed as follows:
Offense - Points
  • Violation of license restriction - 2
  • Reckless driving - 4
  • Careless driving - 2
  • Speed - 2
  • Speed in excess of 25 mph above posted limit - 3
  • Failure to stop or remain stopped for a school bus loading or unloading - 4
  • Following too close or improperly - 2
  • Failure to obey stop sign or traffic light - 2
  • Failure to yield right of way - 2
  • Left of center or wrong way on one way - 2
  • Operating a defective vehicle - 1
  • All other violations (excluding the violations requiring suspension or revocation action) - 1

Point Reduction

Under Oklahoma driving law, two (2) points are deducted for each 12-month period in which there are no convictions of any pointable violations of Oklahoma traffic law. Points are reduced to zero if there are no traffic violation convictions for three consecutive years.
Two (2) points are deducted for successful completion of a DPS-approved Driver Improvement or Defensive Driving Course. Under Oklahoma driving law, credit for completing the course can be given once every 24 months. The point total can't go below zero.

Ohio Driving Law

Information on Ohio driving law and Ohio traffic laws...

Twelve Point Suspension

Cause:

An accumulation of not less than 12 points on your driving record within a two year period.

Length of Suspension:

Six months effective the 20th day after mailing of the notice.

Appeal Procedures:

In accordance with Ohio driving law, if cause can be shown why driving privileges should not be suspended, an appeal may be filed in the county or municipal court in the jurisdiction in which the driver resides, agreeing to pay the cost of the proceedings. Appeal should be filed before the beginning date of the suspension for a violation of Ohio traffic laws.
If the driver is under the age of 18, under Ohio driving law the appeal must be filed in the juvenile court in the jurisdiction in which the driver resides.

Reinstatement Requirements:

  • In accordance with Ohio driving law, you must successfully complete a remedial driving instruction course given by an accredited remedial school.
  • NOTE: This course can NOT be taken before the mailing date on the 12-point suspension notice.
  • You must file FRA (financial responsibility) Insurance (SR 22 or Bond).
  • BMV Form No. 2836 will be the your authorization to retake a complete driver license examination.
  • Additionally, a $30.00 reinstatement fee will be required if the suspension notice was mailed on or after 10/01/97.

Administrative License Suspension (ALS) - Positive Test

Cause:

A driver is stopped for drunk driving, takes the sobriety test and the test results exceed the legal Blood Alcohol Concentration (BAC).
If you are between 16 and under 21 years old, the legal limit is .02% BAC under Ohio driving law.
The officer can take your driver license on the spot and the suspension begins immediately.

Length of Suspension:

Depending on previous offenses or refusals, you can have your license suspended for a period of 90 days to 5 years. After a second offense, your vehicle may also be immobilized.

Appeal Procedures:

May appeal suspension at the initial court appearance which will be held within 5 days of the arrest or the issuance of a citation.

Occupational Driving Privileges:

In accordance with Ohio driving law, a driver may petition the court for occupational driving privileges any time subsequent to the date on the notice of suspension.
This petition may be filed in the municipal, county, or in the case of a minor, juvenile court with jurisdiction over the place at which the arrest occurred.
Note: Under Ohio driving law, occupational driving privileges cannot be granted during the following periods:
  • First 15 days of suspension on a first offense;
  • First 30 days of suspension on a person who had a DUI conviction 6 years;
  • First 180 days of suspension on a person who had 2 previous DUI convictions within 6 years;
  • No driving privileges granted if a person has had 3 previous DUI convictions within 6 years;
  • A person, who within the preceding 7 years, has been convicted of or pleaded guilty to 3 or more DUI violations cannot be granted occupational privileges.

Reinstatement Requirements:

  • Serve the suspension period.
  • Pay Reinstatement Fee.
  • Show Proof of Insurance.

Administrative License Suspension (ALS) - Refusal of Test

Cause:

A driver is stopped for drunk driving and refuses to take the sobriety test requested by the law enforcement agency.
In accordance with Ohio driving law, the officer can take your driver license on the spot and the suspension begins immediately.

Length of Suspension:

Depending on previous offenses or refusals, you can have your license suspended for a period of 1 year to 5 years. After a second offense your vehicle may also be immobilized.

Appeal Procedures:

May appeal suspension at the initial court appearance which will be held within 5 days of the arrest or the issuance of a citation. Suspension may not be stayed by appeal.

Occupational Driving Privileges:

Under Ohio driving law a driver may petition the court for occupational driving privileges any time subsequent to the date on the notice of suspension.
This petition may be filed in the municipal, county, or in the case of a minor, juvenile court with jurisdiction over the place at which the arrest occurred.
Note: Under Ohio driving law, occupational driving privileges cannot be granted during the following periods:
  • First 30 days of suspension on a first offense.
  • First 90 days of suspension on a person who had a previous refusal within 5 years.
  • First year of suspension on a person who had 2 previous refusals within 5 years.
  • First 3 years of suspension on a person who had 3 previous refusals within 5 years.
  • A person, who within the preceding 7 years, has been convicted of or pleaded guilty to 3 or more DUI violations cannot be granted occupational privileges.

Reinstatement Requirements:

  • Serve the suspension period.
  • Pay Reinstatement Fee.
  • Show Proof of Insurance.

Termination of Suspension:

The ALS Refusal Suspension will be terminated by the registrar upon notice that:
  • The person entered a plea of guilty to D.U.I. and the refusal suspension arose from the same incident.
  • The person entered a plea of no contest to D.U.I., was found guilty and the refusal suspension arose from the same incident.

Court Suspension

Cause:

A traffic violation.

Length of Suspension:

Determined by the court.

Appeal Procedures:

Contact the court of conviction. Under Ohio driving law, the court, if it chooses, may grant occupational driving privileges or terminate the suspension before its ending date.
A journal entry bearing the court seal must be forwarded to the Bureau indicating the action the court took before our records are changed.

Reinstatement Requirements:

  • Serve the length of the suspension.
  • Additionally, a $30.00 reinstatement fee is required if the suspension is longer than 89 days and the offense date is 10/01/97 or greater.

North Dakota Driving Law

Information on North Dakota driving law and North Dakota traffic laws...
Your driving license or privileges shall be suspended upon an accumulation of twelve (12) points for a period of seven (7) days for each point over eleven (11).
For drivers under the age of 18, driving license or privileges will be canceled upon an accumulation of six (6) or more points.

Point Schedule for Speeding Violations

Under North Dakota driving law, points are assigned for speeding violations according to the following schedule.
Speed (mph) - Points
  • 1-10 mph over limit - 0
  • 11-15 mph over limit - 1
  • 16-20 mph over limit - 3
  • 21-25 mph over limit - 5
  • 26-35 mph over limit - 9
  • 36-45 mph over limit - 12
  • 46 mph plus over limit - 15
Under North Dakota driving law, points are assigned for other violations of North Dakota traffic laws according to the following schedules.

Violations of North Dakota driving law resulting in assignment of one point:

  • Operator/Responsible party failing to provide child restraint device.
  • Failing to display license plates.
  • Unlawful parking in specified prohibited places.
  • Leaving motor vehicle improperly unattended on an open highway.
  • Opening or leaving motor vehicle doors open when unsafe to do so.
  • Nonmoving violation of parking in a space assigned for the mobility impaired.
  • Failing to dim head lamps.

Violations of North Dakota traffic laws resulting in assignment of two points:

  • Disobeying North Dakota driving law traffic control signals.
  • Failing to use care required.
  • Failing to yield-right-of-way to funeral procession.
  • Knowingly driving illegally modified vehicle.
  • Open container. (Driver)
  • Violating hazardous material regulations.
  • Knowingly operating an unsafe vehicle.
  • Improperly operating or unlawfully carrying passengers or packages on a motorcycle.
  • Improperly operating a motorcycle in laned traffic.
  • Carrying a passenger on a motorcycle not equipped with passenger footrests.
  • Operating a motorcycle without protective headgear.
  • Permitting unauthorized minor or person to drive.
  • Unlawful stopping, standing, or parking on an open highway.
  • Knowingly driving with defective, non-existent or unlawful equipment.
  • Knowingly driving with defective brakes.
  • Disregarding lawful command of police officer.
  • Overtaking where prohibited or unlawful.
  • Driving on wrong side of road.
  • Failing to yield right-of-way.

Violations of North Dakota driving law resulting in assignment of three points:

  • Exhibition driving on highway.
  • Violating North Dakota driving law corrective lens restriction.
  • Failing to stop at RR crossing.

Violations of North Dakota traffic laws resulting in assignment of four points:

  • Violating or exceeding restriction contained in a restricted certificate or license or Instructional Permit.
  • Clinging to other vehicle while riding a motorcycle.
  • Operating a motor vehicle without a license.

Violations of North Dakota driving law resulting in assignment of six points:

  • Overtaking a school bus.
  • Failing to give immediate notice of accident.
  • Careless driving. (North Dakota Driving Law Basic Rule)
  • No liability insurance - 6, 12 or 14.

Violations of North Dakota traffic laws resulting in assignment of eight or more points:

  • Reckless driving - 8.
  • Racing in a motor vehicle on a highway - 10.
  • Aggravated reckless driving - 12.
  • Leaving the scene of accident involving property damage - 14.
  • Leaving the scene of accident involving injury or death - 18.
  • Fleeing from law enforcement officer in a motor vehicle - 24.
Under North Dakota driving law, no points are assigned for violations of North Dakota traffic laws not listed above.

North Carolina Driving Law

Information on North Carolina driving law and North Carolina traffic laws...

Suspensions and Revocations

In addition to criminal penalties that the court might mandate, conviction of certain traffic offenses of North Carolina driving law will result in the loss of your driving privilege.

Revocation of Driving Privilege

Under North Carolina traffic laws, your driving privilege will be revoked for at least 30 days if you are convicted of:
  • driving any vehicle more than 15 mph over the speed limit, if you are driving at a speed higher than 55 mph.
It will be taken for 60 days if you are convicted of:
  • a second charge of speeding over 55 mph and more than 15 mph above the speed limit within one year; or
  • speeding plus reckless driving on the same occasion.

Suspension of Driver License

In accordance with North Carolina traffic laws, the DMV can also suspend your license for the following:
  • Two convictions of speeding over 55 mph during the same year;
  • One conviction of speeding over 55 mph and one conviction of reckless driving within a year;
  • A conviction of willful racing with another motor vehicle, whether it is pre-arranged or unplanned.
  • A suspended court sentence or part of a sentence mandating that you must not operate a motor vehicle for a specified period of time; and/or
  • A conviction for speeding over 75 mph.
In accordance with North Carolina driving law, in cases like the above, the DMV may suspend your driving privilege as soon as it receives the conviction report from the court. If your driving privilege is revoked, you may have the right to a hearing in the judicial district where you reside.
To request a hearing, call or write to the DMV in Raleigh. You will be notified by mail of the time and place for the hearing. At the hearing you may state any facts that you think should entitle you to driving privileges or to a reduction of the suspension period.
North Carolina driving law stipulates that if you believe your driving privilege should not have been taken and the hearing gives you no help, you may appeal the DMV’s decision within thirty (30) days to the Superior Court of the county where you live. The court will review your case to see if there were proper grounds for taking your driving privilege.

Offense - Suspension Time

  • Driving while under the influence of an impairing substance (first offense) - 1 year
  • Driving while under the influence of an impairing substance (second offense) - 4 years
  • Driving while under the influence of an impairing substance (third offense) - Permanent
  • Manslaughter - 1 year
  • Death by vehicle - 1 year
  • Manslaughter while under the influence of an impairing substance - Permanent
  • Assault with a motor vehicle - Permanent
  • Speeding in excess of 55 mph and at least 15 mph over the legal limit while attempting to avoid arrest - 1 year
  • Prearranged racing with another motor vehicle on the highway - *3 years
  • Watching, betting on or loaning a car for prearranged racing - *3 years
  • Willful refusal to submit to a blood or breath test - 1 year
  • Two charges of reckless driving committed within 12 months - 1 year
  • Getting a license or learner's permit under false pretense - 1 year
* In accordance with North Carolina driving law, when an officer finds that someone has loaned or is operating a motor vehicle willfully in prearranged racing, he/she will seize the vehicle. If the person is convicted, the court may order the vehicle sold at public auction.

Out-of-State Conviction

In accordance with North Carolina driving law, convictions occurring outside North Carolina may result in your license being suspended or revoked just as if the violations occurred in this state.

Failure to Appear and/or to Pay a Fine

North Carolina driving law stipulates that your driving privilege will be revoked when the DMV receives notification from the court that you have failed to appear in court or to pay fines for a citation you received in North Carolina or another state.
In the case of failure to appear and/or to pay a fine, your driving privileges remain revoked until the DMV receives notice that you have complied with the citation.
Complying with the citation does not relieve you of the consequences for the actual offense, if you are convicted.

Provisional Licensee (under age 18)

In accordance with North Carolina driving law, there are other rules that apply to persons under 18 years of age.
Under North Carolina traffic laws, if you are a provisional licensee, your license may be suspended for:
  • 30 days, upon conviction of a second moving violation occurring within a 12-month period;
  • 90 days, upon conviction of a third moving violation occurring within a 12-month period; and
  • six months, upon conviction of a fourth moving violation occurring within a 12-month period.

Some examples of moving violations:

  • passing a stopped school bus;
  • reckless driving;
  • hit-and-run;
  • following too closely;
  • driving on the wrong side of the road;
  • illegal passing;
  • running through a stop sign or red light;
  • failure to yield right-of-way;
  • failure to stop for an emergency siren; and speeding.

Driver License Points

North Carolina driving law stipulates that if you are convicted of certain motor vehicle violations in North Carolina, driver license points are placed against your driving record. If you accumulate seven points, you may be assigned to a Driver Improvement Clinic. The clinic fee is $25.
Upon satisfactory completion of the clinic, three points are deducted from your driving record. If you accumulate as many as twelve points within a three-year period, your license may be suspended. The accumulation of eight points within three years following the reinstatement of your license can result in a second suspension.
In accordance with North Carolina driving law, if your driver license is suspended by the point system, it may be taken for:
  • 60 days for the first suspension;
  • 6 months for the second; and
  • 12 months for the third.
When your driving privilege is reinstated, all previous driver license points are canceled.
North Carolina driving law stipulates that points are given for the following offenses:
Conviction - Point Value
  • Passing a stopped school bus loading or unloading children - 5
  • Reckless driving - 4
  • Hit and run, property damage only - 4
  • Following too closely - 4
  • Driving on wrong side of road - 4
  • Illegal passing - 4
  • Running through stop sign - 3
  • Speeding more than 55 mph - 3
  • Speeding through a school zone - 3
  • Failure to yield right of way - 3
  • No driver's license or license expired more than one year - 3
  • Running through red light - 3
  • Failure to stop for siren - 3
  • Speeding through safety zone - 3
  • Failure to report accident where such report is required - 3
  • No liability insurance - 3
  • All other moving violations - 2
  • Littering involving a motor vehicle - 1

Insurance Points

Insurance companies use a different point system to determine insurance rates. If you have any questions concerning insurance points, contact your insurance agent.

New York Driving Law

Information on New York driving law and New York traffic laws...

Driver Violation Point System

The DMV driver violation point system helps to identify drivers who commit several traffic violations during a specific time period.
Remember that the point system is not the only reason for a driver license suspension or revocation. Under New York driving law, there are mandatory suspensions or revocations.
For example, the DMV must revoke your driver license if you are convicted of three speeding violations within an 18-month period and you have fewer than 11 points.

New York Driving Law Point Schedule

New York driving law assesses the following number of points for specific traffic violations:
Violation of New York Traffic Laws - Points
  • Speeding (MPH over speed limit not indicated) - 3
  • Speeding (MPH over speed limit):
    • 01-10 MPH - 3
    • 11-20 MPH - 4
    • 21-30 MPH - 6
    • 31-40 MPH - 8
  • More than 40 MPH - 11
  • Following too closely - 4
  • Passing improperly, changing lanes unsafely, driving to the left of center, driving in the wrong direction - 3
  • Failed to obey a traffic signal, a Stop sign, or a Yield sign - 3
  • Railroad crossing violation - 3
  • Failed to yield the right-of-way - 3
  • Passenger safety violation, including seat belts, child safety seats, or passengers under the age of 16 - 3
  • Reckless driving 5 Left the scene of an accident that includes property damage or the injury of a domestic animal - 3
  • Failed to stop for a school bus 5 Other moving violations - 2
  • Inadequate brakes 4 Inadequate brakes (vehicle of an employer) - 2

How the DMV Calculates Your Point Total

In accordance with New York driving law, the DMV computer system automatically calculates your point total. Your point total is the total number of driver violation points that you received during the 18 previous months.
The points are counted from the dates of your violations of New York traffic laws, not from the dates of your traffic convictions. A traffic conviction is required for the points to appear on your driver record.
18 months after the date of the violation of New York driving law, the points for that violation of New York traffic laws are removed from your point total. The convictions remain on your record.
Under New York driving law, if you receive 11 points or more in 18 months, the DMV suspends your driver license. You can request a DMV hearing only to show that a different person committed the violations.
You cannot request a DMV hearing to prove that you were not guilty of the violations. You cannot request a DMV hearing to request a waiver of the suspension.
Note: Insurance companies have point systems different from the DMV driver violation point system. The two point systems have no connection. Contact your insurance company about their point system.

Out-of-State Traffic Violations:

Except for Ontario and Quebec, points are not added to your NYS driver record if you commit an out-of-state traffic violation. Under New York driving law, points can appear on your NYS driver record if you commit a traffic violation in Ontario or Quebec.

New Mexico Driving Law

Information on New Mexico driving law and New Mexico traffic laws...

Point System Regulations and Schedule

New Mexico driving law authorizes the Department to suspend the driver's license of an individual who has been convicted of violations of New Mexico traffic laws with such frequency as to show disrespect for those laws or has been found to be an habitually reckless or negligent driver of a motor vehicle.
To provide a reasonable, objective and fair method by which the Department may determine whether an individual shows disrespect for New Mexico traffic laws through frequency of conviction for violations or is habitually reckless or negligent and to promote the public safety by removing such drivers from the roads, the Department, in accordance with New Mexico driving law, establishes a "point system" with these regulations.

Schedule of Points for Violations

In accordance with New Mexico driving law, points to be assessed for conviction of violations of provisions of the Motor Vehicle Code are shown below.

8 Points for the Following Violations of New Mexico Driving Law

  • Speeding 26 or more MPH over the posted speed limit on any trafficway if the limit is 15, 30 or 75 MPH
  • Speeding 26 or more MPH over the posted speed limit on any trafficway if the limit is other than 15, 30 or 75 MPH and the speed was at least 76 MPH

6 Points for the Following Violations of New Mexico Traffic Laws

  • Passing school bus taking on or discharging passengers or displaying warning not to pass
  • Reckless driving
  • Contest racing on trafficway

5 Points for the Following Violations of New Mexico Driving Law

  • Speeding 16 to 25 MPH over the posted speed limit on any trafficway if the limit is 15, 30 or 75 MPH
  • Speeding 16 to 25 MPH over the posted speed limit on any trafficway if the limit is other than 15, 30 or 75 MPH and the speed was at least 76 MPH

4 Points for the Following Violations of New Mexico Traffic Laws

  • Failure to yield right of way to an authorized emergency vehicle

3 Points for the Following Violations of New Mexico Driving Law

  • Careless driving
  • Failure to obey traffic instructions stated on traffic sign or shown by traffic control device
  • Following the vehicle ahead too closely
  • Failure to yield right of way in manner required
  • Vehicle turning left at intersection
  • Failure to yield right of way at yield sign after stop or when emerging from private trafficway
  • Certain vehicles must stop at railroad grade crossings
  • Improper backing
  • Making improper turn
  • Failure to drive on right side of roadway when required
  • Passing vehicles proceeding in opposite directions
  • Improper overtaking or passing of a vehicle
  • Driving to the left of center of roadway when prohibited
  • Passing where prohibited by posted signs, pavement markings, or hill or curve
  • Passing with insufficient distance allowed for other vehicles or with inadequate visibility
  • Speeding 6 to 15 MPH over the posted speed limit on any trafficway if the limit is 15, 30 or 75 MPH
  • Speeding 6 to 15 MPH over the posted speed limit on any trafficway if the limit is other than 15, 30 or 75 MPH and the speed is at least 76 MPH

2 Points for the Following Violations of New Mexico Traffic Laws

  • Operating with any defective equipment resulting in inability to control vehicle movement properly
  • Operating with defective brakes
  • Failure to signal intention to change vehicle direction or to reduce speed suddenly
  • Giving wrong signal
  • Overloading vehicle with passengers or cargo
  • Failure to restrain child passenger properly
  • Failure to use seatbelt properly

Warning at 6 Points

In accordance with New Mexico driving law, upon the accumulation by the driver of at least six (6) points, the Department may warn the driver of the possibility of suspension of the driver's license.

Suspension of Driver's License at 7 to 10 Points

Under New Mexico driving law, if a driver has been assessed from seven to ten points for violations of New Mexico traffic laws occurring within a period of one year and the department receives a recommendation from a municipal or magistrate judge that the driver's license be suspended for a period not to exceed three months, the Department shall automatically suspend the license for the period recommended by the municipal or magistrate judge up to a period of three months.
If the judge does not specify the recommended length of the period of suspension, In accordance with New Mexico driving law, the Department will presume that the recommendation is for a period of three months.
The Department shall notify the driver of the fact of the suspension of the driver's license and of the beginning and ending dates of the suspension.

Suspension of Driver's License at 12 Points

Upon the assessment of points to a driver which causes the total points accumulated by that driver to equal or exceed twelve points for violations of New Mexico driving law occurring within a period of twelve consecutive months, the Department shall suspend the driver's license for a period of twelve months.
The department shall notify the driver of the fact of the suspension of the driver's license under this regulation, the beginning date of the suspension and the driver's right to a hearing under the provisions of Section 66-5-30(B) NMSA 1978.
In accordance with New Mexico driving law, the driver shall surrender the driver's license to the Department immediately upon receiving notice of the suspension unless the driver requests a hearing under the provisions of Section 66-5-30(B) NMSA 1978, in which case the license shall be surrendered immediately upon a final decision adverse to the driver.

Conditions for Reinstatement of Suspended License

In accordance with New Mexico driving law, the Division shall not reinstate a driver's license and driving privilege to any person who has had that license and driving privilege suspended under the provisions of 18 NMAC 19.5.11.6 unless the conditions specified in this regulation are met.
  1. That person presents proof satisfactory to the Division showing successful completion in a timely manner by that person of an approved driver improvement course. The course must be approved by the Traffic Safety Bureau of the State Highway and Transportation Department. Completion of the course must have occurred within 90 days immediately preceding the application for reinstatement.
  2. The driver pays, to the Division, a reinstatement fee pursuant to Section 66-5-33.1 NMSA 1978.
  3. The driver must also successfully complete any required driver's examination administered by the Division prior to the issuance of the driver's license.