I plead guilty to unsafe driving, but the Division of Motor Vehicles just issued me four points. Is this possible?
Answer: Yes. The law allows you two unsafe driving convictions in a five year period (five year period calculation is counterintuitive). A third offense within the period will result in the MVC issuing you four (4) points on your driving record. Prosecutors are under no obligation to review your abstract and to ensure your eligibility to downgrade a moving violation to a no point unsafe driving charge. Once this occurs we must file a motion to reopen your matter and request discovery to determine any defenses you may have had to the original charge. Contact us before you plead guilty to a motor vehicle violation to avoid this happening to you.
