Does an Out-of-State Ticket in New York go on my Virginia Record?

I regularly have clients and colleagues asking how Virginia traffic tickets work for out-of-state drivers. Recently, a colleague posted on a national attorney listserv asking how a New York “right on red” ticket would translate to a Virginia driver’s record.

Virginia DMV’s rule is that IF they get record of an out-of-state conviction for a VA license holder, they will record the violation on the driving record and assess demerit points as if the violation occurred in Virginia.

New York and Virginia are both members of the Drivers License Compact, so I’d bet NY will tell Virginia about the “making a right on red” ticket. Virginia DMV will probably record it on the Virginia record as a right on red violation, which Virginia has a statute for (46.2-835). That would be assessed 3 demerit points under Virginia’s point rules.

Note that the points in this case just happen to be the same, but Virginia doesn’t look at or care what the out-of-state points are. Our DMV assesses points based on our scale.

Fortunately for New York drivers, the reverse isn’t true. I’m certainly not a New York attorney, but according to the New York DMV:

“The NYSDMV does not record out-of-state violations committed by NYS drivers in other jurisdictions.”

There are a few exceptions on that page, but none of them would in a Virginia red light ticket for a regular license holder.

Photo by: Thomas Hawk

Andrew Flusche

My name is Andrew Flusche. I am a traffic and misdemeanor defense lawyer in Virginia. I limit my practice to traffic tickets and misdemeanor defense, so I know the ins and outs of these offenses. I literally wrote the book on reckless driving in Virginia which you can get on Amazon here or download for free here. I opened my practice in 2008 after earning my Juris Doctor degree from the University of Virginia School of Law. Since then, I have earned over 600 5-star reviews from happy clients on Google, Yelp, and Facebook. If you’ve been charged with a misdemeanor offense in Virginia, please don’t hesitate to contact me. Your initial consultation is always free, and you'll talk directly with me about the details of your case.

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