Guide on Improving Your Driving Record

Wouldn't it be fantastic to rewind time and have a spotless driving record? No speeding tickets. Lower car insurance rates. Fortunately, there might be a way. Some states allow you to erase violations from your driving history if you meet specific criteria. Alternatively, you might have the chance to eliminate convictions or points by completing a driver safety course. Ideally, you'll avoid accumulating convictions and points on your driving record altogether.

Submit a request form at your DMV to clear convictions. Alternatively, you can enroll in a driver's safety course to erase points from your record or get tickets dismissed. Consider consulting with a lawyer and contesting your tickets in court before they impact your record.

Obtain a copy of your driving record. Before you proceed with removing violations, it's essential to review what's on your driving record. You can obtain a copy of your record through various methods:

• Visit your local Department of Motor Vehicles. You can either go in person or check their website. Many states allow you to request a copy of your driving history in-person or online, usually for a fee.
• Order online through services like DMV.com, which has partnered with Backgroundchecks.com. Although not affiliated with the state government, you can order your driving record from their website for a fee.
• Contact your auto insurance provider, who often provides a complimentary copy of your driving record.

Determine the duration of offenses on your record. Each state establishes the length of time a traffic violation remains on your record. For instance, in Minnesota, serious speeding violations (15+ mph over the limit) stay on your record for 15 years.

• In Washington, most convictions remain on your record for five years. However, alcohol-related convictions and vehicular assault/homicide convictions are permanent.
• Refer to your state's DMV website to find this information.

Inquire with the DMV about removing convictions. Whether convictions can be expunged from your driving record varies by state. For instance, Oklahoma does not remove convictions but requires a three-year waiting period for them to drop off your record.

• You may need to fulfill specific prerequisites, such as completing a state-approved driver improvement course and maintaining a clean driving record for a designated period. Requirements vary by state.

Ensure you meet the eligibility criteria. The DMV will outline the requirements you must satisfy. In Maryland, for example, you must meet the following criteria:

• Three years without another conviction for a moving violation or criminal offense involving a motor vehicle.
• No license suspension or revocation.
• No conviction for DWI, DUI, or leaving the scene of an accident resulting in death or bodily injury.

Fill out a request form. Your DMV will provide you with a form to complete. While each state's form differs, you'll typically need to provide the following details:

• Full name
• Address
• Date of birth
• Driver’s license number
• Certification that you meet the requirements
• Signature

Pay the necessary fee. Your state may require a fee for manual expungement. Contact the DMV beforehand or visit their website to ascertain the amount and accepted payment methods (cash, credit, debit, or check).

• Your request will undergo review, and you should receive a written decision. If you haven't heard back after a couple of weeks, reach out to the DMV.

Determine if the course removes points. Some states allow you to eliminate points from your driving record by completing a driver safety course (also known as a defensive driving course). Make sure to check before enrolling in a course. Additionally, you might be able to have tickets dismissed upon course completion.

• If you've received a ticket, inquire in court whether you're eligible for a driver safety course.
• Check online as well. Your state's DMV website should provide information on whether a driver safety course can help clean up your record.

Verify your eligibility. Your state may impose restrictions on who can utilize a defensive driving course to remove points or convictions from their records. Consult your DMV to confirm your eligibility.

• For instance, some states may stipulate a timeframe within which you must complete the course. Failure to do so may render you ineligible.
• Other states might require you to opt for the course when paying the fine. Failure to do so may disqualify you from taking the course.

Discover a suitable course. Numerous courses are available, but it's crucial to find one that your state approves. Inquire whether the state maintains a list of pre-approved courses. If so, select a course from the list.

• Ensure the course fits into your schedule. Failure to attend means you won't be able to improve your record.
• Depending on your state, you may have the option to take the course online or in a traditional classroom setting. Choose the option that suits you best. However, don't assume that an online class will be easier. You might find it challenging to concentrate during online sessions.

Finish the course. Courses typically last between four to twelve hours and cover various topics, such as alcohol or drug abuse, traffic regulations, safe driving practices, and fostering positive driving behaviors and attitudes.

• Ensure you receive a certificate or another form of proof upon completing the course. Present the certificate to the DMV and retain a copy for your records.

Document the surrounding circumstances. Another strategy to maintain a clean driving record is to contest any tickets before they appear on your record. This is especially crucial for serious offenses like DUI, which can have long-term implications on your record. Start by documenting the circumstances surrounding your arrest:

• What were the circumstances?
• Where was the officer positioned?
• What statements did the officer make?
• Did you consent to any searches, including a breathalyzer test? Did the officer request consent or immediately initiate the search?

Seek legal counsel. Serious offenses like DUI demand professional legal assistance. However, even for minor tickets, consulting a traffic attorney can be beneficial. You can locate a traffic attorney by contacting your local bar association and requesting a referral.

• Keep in mind that hiring a lawyer involves costs, so evaluate whether it's financially prudent. For instance, if you're at risk of losing your license due to a DUI, investing several thousand dollars in legal fees may be justified. However, spending such a sum to contest a speeding ticket might not be worthwhile.
• Inquire whether the lawyer provides coaching throughout the process. Many states permit lawyers to offer 'unbundled' legal services, where they handle specific tasks, such as drafting a motion or providing advice on case strengths and weaknesses, while you handle the rest.

Request discovery from law enforcement. You should seek specific documents from the police to aid in your trial preparation. Particularly, ask for the officer’s notes, which should detail why you were stopped. This process of obtaining documents is known as “discovery.”

• Typically, you'll need to submit a motion to the court. Check if there's a required form to complete. If you're unsure how to request discovery, seek guidance from a traffic attorney—or consider hiring one to handle your case.
• It's worth noting that few defendants file discovery motions in traffic court, so your request may not receive immediate attention.

Seek dismissal if the officer fails to appear. In certain states, you may have the case dismissed if the officer doesn’t attend the trial to testify against you. In other states, however, the judge may reschedule the case if the officer is absent. Nonetheless, it's advisable to request dismissal.

Develop a defense strategy. There are various ways to challenge the state’s evidence. Evaluate your evidence carefully and select the most suitable approach based on the circumstances:

• Challenge the officer's observations. The officer's visibility might have been compromised, casting doubt on their ability to accurately perceive your actions. For instance, if the officer was concealed behind foliage at night, their assessment of your vehicle's speed may be questioned.
• Question the accuracy of speed readings. The officer might have mishandled the radar or laser equipment. Question their training and whether the equipment was properly calibrated to ensure accurate speed measurement.
• Justify your actions as necessary. Perhaps you swerved into another lane to avoid a pedestrian or a reckless driver.

Avoid ineffective excuses. Certain defense theories are unlikely to persuade a judge, so refrain from using them. For example, steer clear of the following arguments:

• Accusing the officer of dishonesty. Without evidence, the judge is unlikely to believe your claim.
• Asserting that everyone else was speeding. This argument holds no weight in court.
• Arguing that no one was injured, therefore you shouldn't be held accountable. Legal action aims to prevent potential harm in the future.
• Claiming ignorance of the law. Lack of awareness of the law is not a valid defense.
• It's advisable to offer a sincere apology and demonstrate how you've altered your behavior since the incident, if applicable. Expressing remorse instead of becoming defensive is more likely to resonate with the officer and may lead to case dismissal.