Withdrawal Basis

Withdrawal of driving privileges may be triggered by:

• Information transmitted from an in-state court to the MVA:
  • Court Conviction - Convictions for in-state offenses.
  • Court Order or Request - A court or judge may issue an order for cases where no conviction is issued.
  • Court Recommended - A court may issue a recommendation for cases where a judge did not sign a court order.
• Reciprocity of Out of State Convictions - A jurisdiction may have agreements (e.g. NRVC, DLC or DLA) to apply penalties of convictions adjudicated in other states.
• A process which reviews prior offenses to determine if the accumulation of offenses merits a withdrawal:
  • Point system - Some jurisdictions use penalty point systems and when a driver accumulates a certain number of points their driving privileges are withdrawn.
  • Repeated Violations - Other jurisdictions keep records of violations and use these records to determine if driving privileges should be withdrawn.
• Administrative reviews by State or Federal Jurisdictions of incidents:
  • Administrative Action - An administrative determination that a person has violated laws relating to the operation of a motor vehicle or that a person is not capable of safely operating a motor vehicle. These actions generally are not statutorily mandated but are discretionary with the agency
  • Administrative Per Se - Administrative Action taken for driving under the influence of alcohol or drugs.
  • Administrative Adjudication - An order for a withdrawal is issued after the proceedings to resolve contested claims in conformity with the Administrative Procedure process.