dmv

DMV Considerations

Download DMV Driver's Handbook in Adobe Reader Format.

Below is an excerpt from the NC driver's manual which outlines the DMV's policies regarding convictions.

Driver License Points

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.

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.

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

Schedule of point values for conviction of violations while operating a commercial motor vehicle:

Conviction	Point Value
Passing a stopped school bus	8
Rail-highway crossing violation	6
Reckless driving	5
Hit and run, property damage only	5
Following too close	5
Driving on wrong side of road	5
Illegal passing	5
Running through stop sign	4
Speeding more than 55 mph	4
Speeding through a school zone	4
Failure to yield right of way	4
Running through red light	4
No driver license or expired for more than one year	4
Failure to stop for siren 4	4
Driving through safety zone	4
No liability insurance	4
Failure to report accident where such report is required 4	4
Possessing alcoholic beverage in the passenger area of a commercial motor vehicle	4
All other moving violations	3
Littering involving the use of the motor vehicle	1

Suspensions and Revocations

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

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.

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 speeding plus reckless driving on the same occasion.

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 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. 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
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	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