Violation points are assigned to violations of the California Vehicle Code (CVC) and any other sections of city or county codes or ordinances that involve safety when operating motor vehicles. Points are not awarded for any crime committed as a pedestrian or cyclist. The department may suspend, test, or revoke the privilege of driving a negligent operator.
According to §12810.5a of the CVC code, a negligent driver with a Class C driver’s license has:
– Four or more points in 12 months – Six in 24 months – Eight in 36 months
Although a driver with a Class A or B driver’s license who does not have a special certificate has 2 additional points, the violation received when operating a commercial vehicle counts as 1.5 of the normal value of the points applied (§12810.5b of the code CVC).
How many points does my violation have, and how long do they last?
California Vehicle Code (CVC) §1808 states that DUI (driving under the influence) violation, which is designated as a colon, and can be reported for 10 years from the date of the violation. Other serious violations, such as driving with a suspended license, receive two points and will be maintained for seven years from the date of the violation. Traffic accidents and all other traffic violations receive one point and will be maintained for 3 years from the date of the accident/violation.
Negligent driver points are added to the driving record on the date of conviction of a traffic violation, but are actually counted from the date of the violation itself. Criminal penalties or Operator Treatment System (NOTS) suspensions against a driver’s driving privilege are applied when a court files a conviction on an individual’s driving record. The DMV evaluates appropriate points from negligent operators based on the type of conviction and then imposes appropriate penalties based on the dates of the violation.
How does a suspended license work?
California Vehicle Code § 14601 and its additional concordats make it a criminal offense to drive when your driver’s license is known to have been suspended or revoked.
Reasons for suspension or revocation may include (but are not limited to):
Being declared a negligent driver by having too many points on your license,
– A mental or physical
disability – A DUI conviction
Driving offenses with a suspended California license are misdemeanors, subject to jail time and substantial fines.
The crime of driving with a suspended or revoked license in California is treated differently depending on why your license was suspended or revoked in the first place. The duration varies according to this initial relationship.
No matter why your driver’s license was initially suspended or revoked, you are not guilty of driving with a license suspended under Vehicle Code 14601 CV and its related sections unless a prosecutor can prove that you knew your license was suspended or revoked.
This prior knowledge requirement is a key element of this crime, and it can be difficult for the prosecutor to prove it. An experienced California criminal defense attorney can help you obtain your driving charge with a license suspended, reduced, or even rejected because of the legal defense’s allegation of “lack of knowledge.”
Alternatively, you can argue that the original suspension/revocation of your license was invalid or that you had the right to drive with a restricted license.
Other violations that may cause suspension
In California, between 2006 and 2013 alone, more than four million Californians were suspended from their driving licenses. In that period, only 71,000 of them were restored. Other reasons for revoking your license may include:
– Driving recklessly or negligently – Not being able to drive a vehicle without posing a danger after having consumed alcoholic beverages, ingesting alcoholic beverages or having an addiction or habitual use of any type of drug
– Not being able to safely drive a vehicle due to a disorder characterized by episodes of marked confusion or some type of disability, physical or mental illness or disorder that could affect the safe operation of a vehicle
– Driving in a “negligent” or “incompetent” manner (too many points on your driving record).
Section 14601.1(a) of the Vehicle Traffic Code
It is illegal to drive with a driver’s license knowing it is suspended or revoked, even if the reason for the suspension is not included in the Vehicle Traffic Code. This article refers to a suspension or revocation due to parking tickets that have not been paid, for failing to pay child support, or for failing to appear in traffic court for an infraction ticket.
What is the points system for teens?
A child under the age of 18 may receive a 30-day restriction for receiving 2 points in 12 months or may be suspended for receiving 3 points in 12 months (CVC §12814.6).
How do the points affect me?
As you probably already know, several factors help determine the cost of auto insurance, such as age, gender, vehicle type, and household. However, perhaps the most important factor affecting the cost of auto insurance is the points that accumulate on your driving record.
The CVC (California Vehicle Code) has its own points system in which points are assigned for each accident and traffic violation. Each driver accumulates points for these incidents. The more serious the violation, the higher the number of points accumulated. The purpose of the points system is to keep track of at-risk drivers. When a consumer is comparing prices or renewing an auto insurance policy, the insurance company will review the person’s driving history to determine the insurance premium. Also, as expected, the more points you have, the higher the premium.
Everyone is at risk of having an accident and committing a traffic violation. The good thing is that there is something you can do to erase some of the points you have accumulated. For example, you may be eligible to take a defensive driving course to remove points for a traffic violation.
For this reason, it is important that you keep an up-to-date record of your driving history. Due to the errors that have been made at the DMV, you should make sure that your personal information is correct. If there is a crime on your record that should have been expunged, this error could cost you hundreds of dollars in the cost of your auto insurance.
How to remove points from your registration?
- Take the case to court to challenge the fine. If you think it’s an undeserved fine, you can try to convince the judge to drop the charges against you. If the judge agrees that you don’t deserve the fine, the points will automatically disappear.
- Enroll in driving school. Many states will withdraw points applied to your license if you successfully pass a driving school course on certain types of traffic violations. Another benefit of enrolling in these schools is the possible reduction of the fine you must pay.
- Consult with a traffic violation attorney. This expert will be aware of the programs available in your jurisdiction to reduce the impact of points on your license.
Are drivers without a valid license a threat?
According to the National Highway Traffic Safety Administration, at least 75% of people who have been suspended from their licenses are still behind the wheel, often without auto insurance. This is a real threat to public safety in California, one of the states with the most traffic accidents in the United States.