Today, a new speed camera in downtown Des Moines will start issuing tickets to speeders. Des Moines police have already been using this camera to catch red light violators. Drivers should be careful how fast they drive. As I previously wrote, three speeding violation could lead to a driver’s license suspension.
The answer is yes. However, the Iowa Department of Transportation uses a drivers point system for limited purposes and does not assign points to drivers for all traffic violations. The IDOT uses points only to determine for how long a specific group of drivers—habitual offenders—will be barred from driving.
According to Section 321.555(1) of the Iowa Code, a habitual offender is a person who has accumulated convictions for separate and distinct offenses described in the table that I attached in this post. I also listed the number of points that the Iowa Department of Transportation assign to those convictions according to Iowa Admin. Code Section 761-615.12(1).
|Perjury or the making of a false affidavit or statement under oath to the department of public safety||2 points|
|Driving while under suspension, revocation or denial (except Iowa Code chapter 321J)||2 points|
|Driving while under Iowa Code chapter 321J revocation or denial||3 points|
|Driving while barred||4 points|
|Operating a motor vehicle in violation of Iowa Code section 321J.2||4 points|
|An offense punishable as a felony under the motor vehicle laws of Iowa or any felony in the commission of which a motor vehicle is used||5 points|
|Failure to stop and leave information or to render aid as required by Iowa Code sections 321.261 and 321.263||5 points|
|Eluding or attempting to elude a pursuing law enforcement vehicle in violation of Iowa Code section 321.279||5 points|
|Serious injury by a vehicle in violation of Iowa Code subsection 707.6A(3)||5 points|
|Manslaughter resulting from the operation of a motor vehicle||6 points|
Based on the points accumulated, the Iowa Department of Transportation bars a person from operating a motor vehicle for the following periods of time:
|Points||Length of Bar|
|6 – 7||2 years|
|8 – 9||3 years|
|10 – 12||4 years|
|13 – 15||5 years|
The Iowa Department of Transportation does not assign points for other traffic violations. However, the IDOT keeps track of convictions for traffic violations. If a driver commits and is convicted of three or more moving violations within a 12-month period, the IDOT will classify that driver as a habitual violator. Under 321.210 of the Iowa Code, this is a reason for the license suspension.
If your license was suspended or revoked, feel free to call me at Stowers and Sarcone at 515.224.7446. I will be able to help you!
How Fast Do You Need to Drive to Lose Iowa Your Driver’s License? According to Iowa Code Section 321.210, you can lose your license if you commit a serious violation of Iowa’s motor vehicle laws. The Iowa Department of Transportation (IDOT) may suspend your driver’s license for that violation. IDOT considers speeding 25 mph or more a “serious violation of the motor vehicle laws” See Iowa Admin. Code 761-615.17(2).
The Iowa Administrative Code lists the length of your license suspension based on the amount of your speed:
• 25 mph over the legal limit 60 days
• 26 mph over the legal limit 65 days
• 27 mph over the legal limit 70 days
• 28 mph over the legal limit 75 days
• 29 mph over the legal limit 80 days
• 30 mph over the legal limit 90 days
• 31 mph over the legal limit 100 days
• 32 mph over the legal limit 110 days
• 33 mph over the legal limit 120 days
• 34 mph over the legal limit 130 days
• 35 mph over the legal limit 140 days
• 36 mph over the legal limit 150 days
• 37 mph over the legal limit 160 days
• 38 mph over the legal limit 170 days
• 39 mph over the legal limit 180 days
• 40 mph over the legal limit 190 days
• 41 mph over the legal limit 210 days
• 42 mph over the legal limit 230 days
• 43 mph over the legal limit 250 days
• 44 mph over the legal limit 270 days
• 45 mph over the legal limit 290 days
• 46 mph over the legal limit 310 days
• 47 mph over the legal limit 330 days
• 48 mph over the legal limit 350 days
• 49 mph or more over the legal limit one year
For example, if a motorist drives 100 miles in a 65 mile-per-hour zone, that motorist’s license could be suspended for 140 days.
The Iowa Department of Transpiration does not need to conduct a preliminary hearing to suspend a driving license. However, IDOT must send you thirty-day notice to warn you about your upcoming license suspension. There is an appeal process if you feel your license was suspended in error. However, the best way to avoid the suspension is to fight the speeding ticket in court. Speeding tickets are usually settled through negotiation. Often, the State will agree to reduce your speeding ticket below the 25 mph over suspension threshold. Thus, when the ticket certifies to IDOT, it will not trigger a mandatory license suspension.
If your license was suspended or revoked or you receive a speeding ticket for 25 mph or more over the limit, call Stowers and Sarcone, PLC at 515.224.7446. We Defend All Of Iowa!