Demerit points: Cancellation for successful completion of course of traffic safety; limitations; suspension of license; cumulative period for suspension; notice; hearing.
1. Except as otherwise provided in this subsection, when a person who holds a driver’s license has accumulated 3 or more demerit points, but less than 12, the Department shall notify him of this fact. If, after the Department mails the notice, the driver presents proof to the Department that he has successfully completed a course of traffic safety approved by the Department and a statement signed by him which indicates that the successful completion of the course was not required pursuant to a plea agreement, the Department shall cancel not more than 3 demerit points from his driving record. If the driver accumulates 12 or more demerit points before completing the course of traffic safety, he will not be entitled to have demerit points cancelled upon the completion of the course, but must have his license suspended. A person may attend a course only once in 12 months for the purpose of reducing his demerit points. The 3 demerit points may only be cancelled from a driver’s record during the 12-month period immediately following the driver’s successful completion of the course of traffic safety. The provisions of this subsection do not apply to a person whose successful completion of a course of traffic safety was required pursuant to a plea agreement.
2. Any reduction of demerit points applies only to the demerit record of the driver and does not affect his driving record with the Department or his insurance record.
3. The Department shall use a cumulative period for the suspension of licenses pursuant to subsection 1. The periods of suspension are:
(a) For the first accumulation of 12 demerit points during a 12-month period, 6 months. A driver whose license is suspended pursuant to this paragraph is eligible for a restricted license during the suspension.
(b) For the second accumulation within 3 years of 12 demerit points during a 12-month period, 1 year. A driver whose license is suspended pursuant to this paragraph is eligible for a restricted license during the suspension.
(c) For the third accumulation within 5 years of 12 demerit points during a 12-month period, 1 year. A driver whose license is suspended pursuant to this paragraph is not eligible for a restricted license during the suspension.
4. The Department shall suspend for 1 year the license of a driver who is convicted of a sixth traffic offense within 5 years if all six offenses have been assigned a value of four or more demerit points. A driver whose license is suspended pursuant to this subsection is not eligible for a restricted license during the suspension.
5. If the Department determines by its records that the license of a driver must be suspended pursuant to this section, it shall notify the driver by mail that his privilege to drive is subject to suspension.
6. Except as otherwise provided in subsection 7, the Department shall suspend the license 30 days after it mails the notice required by subsection 5.
7. If a written request for a hearing is received by the Department:
(a) The suspension of the license is stayed until a determination is made by the Department after the hearing.
(b) The hearing must be held within 45 days after the request is received in the county where the driver resides unless he and the Department agree that the hearing may be held in some other county. The scope of the hearing must be limited to whether the records of the Department accurately reflect the driving history of the driver.
Last modified: February 25, 2006