WHAT OFFENSES PUT “POINTS” ON YOUR DRIVING RECORD?

by Justin Van Den Heuvel

Remember in school how teachers and/or administrators would threaten misbehaving students that their disruptive behavior would go on that student’s “permanent record”? This is the concept behind points and a driver’s driving record in Michigan. A driver who commits certain traffic-related offenses will have “points” assessed on his or her license. Drivers who are assessed points will almost certainly see their insurance rates increase. Not only this, but drivers who accumulate too many points within a two-year period may have their driving privileges suspended.

The Michigan Point System for Drivers

In Michigan, certain offenses result in the assessment of “points” on a person’s driving record. Offenses may result in the assessment of six, four, three, or two points. As one might expect, offenses that result in the imposition of a greater number of points are more serious offenses. Points remain on a person’s driving record for a period of two years from the date of conviction (not necessarily the date the driver was stopped by a law enforcement officer) however, the prosecutor will be able to look back at your record for a period of ten years (this is important to consider when moving for a leniency request).

Convictions that result in six points being assessed include:

•      Manslaughter, negligent homicide, or any felony offense that involved the use of a motor vehicle;
•      Driving under the influence of alcohol or drugs;
•      Failing to stop at the scene of a crash and exchange information;
•      Reckless driving;
•      Having an alcohol concentration of 0.08 or greater;
•      Refusing to submit to a chemical test to determine the presence of alcohol or drugs;
•      Fleeing or eluding a police officer.

Convictions that result in four points being assessed include:

•      Drag racing;
•      Driving while visibly impaired;
•      Having any alcohol present in one’s system if the person is under the age of 21;
•      Speeding 16 miles per hour or greater over the posted limit;
•      Failing to yield or show caution for emergency vehicles.

Convictions that result in three points being assessed include:

•      Careless driving;
•      Disobeying a traffic signal or sign;
•      Improper passing;
•      Speeding between 11 miles per hour and 15 miles per hour over the posted limit;
•      Failing to stop at a railroad crossing or school bus;
•      Failing to obey a school crossing guard.

Finally, convictions that result in two points being assessed include:

•      Speeding 10 miles per hour or less over the posted limit;
•      Having an open container of alcohol in your vehicle;
•      Any other moving violation not specifically mentioned;
•      Drivers under the age of 21 who refuse to submit to a preliminary breath test (PBT) when requested to do so by officers.

If you accumulate 12 points or more in a two-year period, you can expect to have your driving privileges restricted, suspended, or revoked. This is why, at our office, we work to try and resolve your ticket or plead to a lower or non-reporting offense. By maintaining your record, you can maintain your license.

Why a Michigan Traffic Offense Lawyer Makes a Difference

At Van Den Heuvel Law Office, our experienced and zealous Michigan defense attorneys will work with you to assist you in avoiding unnecessary traffic convictions so that your driving privileges remain intact. Even if you accumulate 12 or more points in a two-year period, we may be able to assist you in retaining your ability to drive legally. Contact our office today to discuss your case with us: Call us at (616) 698-0000 or contact us through our website.

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