I hear it all the time: “I had a speeding ticket a while ago that should be off my record by now.”
I ask the potential client exactly when they received that ticket, and I get the response: “3 years ago.”
I have no idea where people get the idea that tickets drop off the record in three years, but it’s WRONG.
Flat wrong.
In Virginia, the DMV has a complicated system for assessing speeding ticket points. And the tickets stay on the record for a varied number of years. The minimum is three years, but a speeding ticket could be on your record for 11 years!
You have to look at the alleged speed. Based on that, you can tell how many points the ticket will cost you and how long it will stay on the record. Here’s the scale:
1-9 (mph over the speed limit) — 3 points — 3 years
10-19 — 4 points — 5 years
20+ — 6 points — 11 years
Since many officers don’t even stop people for going 4-5 mph over the limit, most Virginia speeding tickets are in the higher ranges. Only a small percentage of speeding tickets are in that 1-9 mph category. Thus, most speeding tickets will stay on your record for at least 5 years.
I think the confusion may come from the insurance industry. I believe some insurance companies only look at the past three years for minor incidents like speeding and basic damage claims. For insurance purposes, a 3-year-old speeding ticket may not matter any more. However, a judge might still see it on your record if you get into a new bind.
All the more reason why it makes sense to consult with a local traffic attorney even if you’re charged with regular speeding. It can affect your record for longer than you might realize.
Photo by Joe Shlabotnik