Blog Layout

Provisional License Violations

Scott Scherr • June 7, 2024

Moving violations can cause problems for provisional licenses.

The Motor Vehicle Administration has a graduated license system. Once an applicant passes the written test, they obtain a learner's permit. Thereafter, they can obtain a provisional license once they pass the driving test. If they can go 18 months without a ticket, they graduate to a regular license automatically.


Moving violations while on a provisional license results in sanctions by the MVA. They include mandatory driver improvement for a first offense, a 30 days suspension for a second offense, and a 180 day suspension for a third offense. A driver can and should fight the suspension by requesting a timely MVA hearing. At the hearing, the Administrative Law Judge has a great deal of discretion and can issue a reprimand which means no suspension, give a restricted license for work and school, or reduce the suspension.


Most drivers cannot go 30 days let alone 180 days without a license. Therefore, they should go to a hearing to preserve their right to drive. The hearings are held on WebEx by video. The MVA submits its exhibits electronically, but does not appear at the hearing. You should submit your exhibits electronically by e-mail in advance of the hearing.


Exhibits might include a letter from your employer verifying your need to get to work, a class schedule showing your need to get to school, a nice letter from your parents about your need to drive, a driver improvement certificate, or any other documents establishing your need to drive.


It is important to note that every time you are convicted of a traffic violation or receive probation before judgment, it counts as a violation and restarts the 18 month waiting period to get your license. Therefore, you want to drive carefully to get converted to a regular license. There are restrictions on a provisional license regarding when you can drive and who can be in your car. Anyone under 21 cannot have alcohol in their system while driving.


If you receive a ticket while on a provisional license, request a trial and go to court. The officer may not appear or you may have a defense to the charge. A not guilty or dismissal will prevent a sanction by the MVA. 

By Scott Scherr March 24, 2025
Here are ten things to know if you get a traffic tickets.
By Scott Scherr February 13, 2025
You can fight penalties for car insurance lapses.
By Scott Scherr February 3, 2025
A new law allows tenants to shield failure to pay rent cases.
By Scott Scherr January 22, 2025
Speed camera fines have increased in work zones and they are doubled if workers are present.
By Scott Scherr January 10, 2025
You can negotiate a deal with the police officer in many cases.
By Scott Scherr December 6, 2024
There are strict time deadlines in criminal and civil cases.
By Scott Scherr November 5, 2024
Police will charge you with driving without insurance if you fail to insure and register your car before driving it.
By Scott Scherr October 16, 2024
Effective October 1, 2024, you can now get a DUI expunged if you received probation before judgment.
By Scott Scherr October 4, 2024
Download the police report when it is available.
By Scott Scherr September 27, 2024
There are numerous defenses that can be raised in a DUI case.
More Posts
Share by: