§ 2501. Motor vehicle point system
(a) For the purpose of identifying habitually reckless or negligent drivers and frequent violators of traffic regulations governing the movement of vehicles, a uniform system is established assigning demerit points for convictions of violations of this title or of ordinances adopted by local authorities regulating the operation of motor vehicles. Notice of each assessment of points may be given. No points shall be assessed for violating a provision of a statute or municipal ordinance regulating standing, parking, equipment, size, or weight, or if a Superior judge or Judicial Bureau hearing officer has waived the assessment of points in the interest of justice and in accordance with subsection (b) of this section. The conviction report from the court shall be prima facie evidence of the points assessed unless points are specifically waived in the conviction report. The Department also is authorized to suspend the license of a driver when the driver's driving record identifies the driver as an habitual offender under section 673a of this title.
(b) A Superior judge or Judicial Bureau hearing officer may waive the assessment of points against a person's driving record for a moving violation if the waiver of points is in the interests of justice, and if all of the following conditions are satisfied:
(1) the person has not had points assessed against his or her driving record within five years of the date of the moving violation;
(2) the person has had no more than three points assessed against his or her driving record within 10 years of the date of the moving violation;
(3) the moving violation is an offense for which no more than three points is specified under section 2502 of this title;
(4) the person was not operating a commercial motor vehicle as defined at section 4103 of this title at the time of the moving violation; and
(5) the moving violation did not result in bodily injury to another person or damage to property of another person. (Added 1977, No. 238 (Adj. Sess.), § 1, eff. July 1, 1979; amended 2005, No. 188 (Adj. Sess.), § 6; 2013, No. 57, § 31a.)
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