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Montgomery County Demerit Point System
The Montgomery County demerit point system can be difficult to understand for many. People may receive points on their licenses without realizing what the points are, how they are assigned, or what the implications of these points even are. An intelligent Montgomery County traffic lawyer can explain the point system to you, and can help you challenge the points on your license. If you have received points on your license and wish to challenge them, contact an attorney today.
Duration of Points
The way that the Montgomery County demerit point system works is that the points remain on a person’s driver’s record until the points are expunged by the MVA. After two years from the conviction date, the points are no longer considered current. However, an insurance company or employer can see how many points are on their driver’s record because it is public information up to three years after the conviction.
Points are automatically removed from a person’s driver’s record after three years if :
- A person has not committed another moving violation or other criminal offense involving a motor vehicle during the previous three-year period
- A person’s license has not been suspended or revoked
- A person has never been convicted of driving while intoxicated, fleeing the scene of an accident or any similar violations
The MVA’s action will depend on how many points a person accumulates over the previous two years. When points are assessed to their record, the MVA will review that individual’s record to determine how many have accumulated. If a person accumulates three to four points, the MVA will send that individual a warning letter. This letter will tell that individual that more stern measures will be taken if they receive more points.
Repercussions for Earning Certain Levels of Points
If an individual accumulates five to seven points, that individual will be required to complete a driver improvement program, which are offered across the state by various third-party companies.
If a person accumulates eight to eleven points, that person will receive a notice of suspension and their license will automatically be suspended. However, an individual does have the option to request a hearing to explain why the suspension period should not be imposed.
If an individual accumulates 12 or more points, that individual will receive a notice of revocation and their license will be revoked. An individual will then have to apply for a new license once the revocation period is complete.
Long-Term Impact of Points
The long-term impact that numerous points on a person’s record has is that their insurance company will most likely increase that person’s rates or drop a person if that person is deemed as a risky driver. Additionally, an individual may lose the privilege to drive for an extended period of time which could affect an individual’s livelihood.
Points for Infractions in Other Jurisdictions
Montgomery County includes points for infractions in other jurisdictions. If a person is convicted of a traffic violation in another jurisdiction other than Rockville, the MVA will assess those points onto their driver’s record depending on the violation.
The type of out-of-state violations where points can be assessed by the MVA includes any alcohol or drug-related offenses, homicide or manslaughter involving the use of a motor vehicle, the use of a motor vehicle in the commission of a felony or leaving the scene of a personal injury accident.
Montgomery County does not use the uniform demerit point system. The State of Maryland is involved in a driver license compact program which guides the MVA’s actions. This means that Maryland will notify the out-of-state driver’s home state if there is a violation of any traffic laws in Maryland.
Challenging Points on a License
An individual can challenge the points assessed to their license by requesting a hearing. Individuals can either request a trial and plead not guilty or request a waiver hearing and plead guilty with an explanation.
Once an individual requests a hearing date, a notice will be sent to their address which will identify the date and time of their scheduled hearing. The person must then request a hearing within 30 days of receiving their citation.
Process for Getting Points Removed
The Maryland Annotated Code or the Code of Maryland Regulations identifies the number of points that are assigned to each offense.
Once the points have been assessed to a person’s driver’s record, that individual can request that the points manually be removed from their record instead of waiting the three-year time period. An individual is able to make such a request if they meet the qualifications.
The MVA will consider the length of time that the individual did not receive any other moving violationsand the date of their last moving violations received. An individual is not required to go to a hearing to request a manual expungement.
Role of a Traffic Lawyer
It can be difficult to navigate the Montgomery County demerit point system alone. A traffic lawyer can help if demerit points jeopardize an individual’s driving privileges by ensuring the best possible outcome for their case by making arguments and negotiations on their behalf that may result in the amount of points assessed to their driver’s record being reduced or completely waived.