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Pennsyvania Point "spotless driver point removal" question

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Metal Gear

Junior Member
Hey

I have 3 points for speeding in a school zone (within the regular limit) dec 3 2012. I didn't know there was a school zone.

I know that in pa if you go 12 months without getting additional points, 3 points get removed. I also understand that the clock starts from the date of the violation, not the conviction.

I had no offer for a plea bargain on the school zone.

However what I am being accused of now is running a stop sign. Because I am being accused of a rolling stop rather than completely blowing the stop sign, the chances at a plea bargain are probably better.

But what I'm really asking is this : If I delay the trial past dec 3 2013, which is a reasonable goal, three points will be removed. If I am convicted, will it retroactively be determined that I violated before 12 months elapsed, and will the points be added back? If that's the case I need to delay 12 months.

I think delaying it 3 months will work, but just want to be 100% sure that once the 3 points are subtracted for 12 months of 'spotless driving,' they can't be re-added, even if you are later convicted for a violation that happened within the 12 months.

Am I right or wrong?
 
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sandyclaus

Senior Member
Hey

I have 3 points for speeding in a school zone (within the regular limit) dec 3 2012. I didn't know there was a school zone.

I know that in pa if you go 12 months without getting additional points, 3 points get removed. I also understand that the clock starts from the date of the violation, not the conviction.

I had no offer for a plea bargain on the school zone.

However what I am being accused of now is running a stop sign. Because I am being accused of a rolling stop rather than completely blowing the stop sign, the chances at a plea bargain are probably better.

But what I'm really asking is this : If I delay the trial past dec 3 2013, which is a reasonable goal, three points will be removed. If I am convicted, will it retroactively be determined that I violated before 12 months elapsed, and will the points be added back? If that's the case I need to delay 12 months.

I think delaying it 3 months will work, but just want to be 100% sure that once the 3 points are subtracted for 12 months of 'spotless driving,' they can't be re-added, even if you are later convicted for a violation that happened within the 12 months.

Am I right or wrong?
Per this site (http://www.dmv.state.pa.us/pdotforms/fact_sheets/pub472.pdf[/url]):

[QUOTE]Three (3) points are removed from a driving record for every 12 consecutive months a person drives ([B]from the date of the last violation[/B]) without a violation which results in points, license suspension or revocation. Once a driving record is reduced to zero and remains at zero points for 12 consecutive months, any further accumulation of points is treated as the first accumulation of points.[/QUOTE]

In other words, when you got the ticket for failure to stop at the stop sign, that effective re-started the clock on the 12-month "no-violation" period. Delaying the actual conviction date won't make a bit of a difference.
 

Metal Gear

Junior Member
The thing is, it hasn't resulted in points until you are convicted. Until you are proven guilty it only has the potential to result in points.

"Last violation" could mean last violation that resulted in a conviction.

You may be right though, that may well be how they interpret it, which means I have to consider that in planning my strategy.

The devil's advocate argument is that it's not a violation, it's an accused violation. The 'last violation' would be the school zone until I'm convicted. In this devil's advocate scenario the points would already be subtracted and couldn't be added back. I'd potentially get 3 points (if I'm found guilty without a plea bargain) but they'd be added on top of zero, as the other three would have disappeared by then.

But again I just want an opinion from someone who has real experience in this. Obviously you can interpret it either way.
 
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