Tuesday, December 30, 2008

DMV assigns demerits against your license / Violation description goes to you insurance company.

Traffic Ticket Answers - Las Vegas, Nevada
Originally published on Sunday, June 22, 2008 at ETrafficCitation.com.

While 1) demerits against your license and 2) the description of the type of violation (moving vs. nonmoving) reported to your insurance company are related, both are different and serve different purposes.

In Nevada, generally, drivers are allowed to accumulate 12 demerits over a rolling 12 month period. The demerits associated with a conviction for a violation are deleted from the total demerits accumulated after 12 months. However, the description of the type of convictions remain part of your permanent driving record (this is what your insurance company sees). According to the Department of Motor Vehicles (DMV), you should receive a notification by mail from the DMV's Driver License Review Section when you reach 3 or more points. If you have accumulated between 3 and 11 points, you may have 3 points removed by completing a DMV-approved traffic safety course. When you receive 12 or more points in any 12-month period, the DMV will automatically suspend your drivers license for 6 months. FYI - getting caught driving with a suspended license generally comes with an extension of suspension of one year.

A common misnomer is that courts award demerits. In reality, the DMV decides how many points or demerits are allocated for each type of violation. Generally, a driver receives demerits only if they are convicted of a moving violation. This is why we, like any other traffic citation resolution services, argue for a parking citation - a nonmoving violation. Demerits are an administrative function to account for what a court has convicted you of. So courts can convict a driver for reckless driving and assess a fine against him/her (this is where the court duties end); the DMV on the other hand accounts for the reckless driving as 8 demerits.

The description of the violation you were convicted of is what your insurance company is able to obtain. This is why we also, like any other traffic citation resolution services, argue for a parking citation - a nonmoving violation. Insurance companies like to see that their insured drivers receive only parking citations because the citation is not for a moving incident where neither property is damaged, nor are persons inured.

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