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Points on your license & California DMV point system

Points on your license & California DMV point system

How the DMV Point System works & what to do

On this page, you will learn:-

Violations and Points on your license

Visit our Points page to find your particular violation and how many points it puts on your driver's license.

 

Point Count for California Vehicle Code (VC) Violations
SectionViolationPoints on your license
VC 14601,14601a,14601b,14601.1- 14601.4Driving while suspended/revokedTwo points
VC 14601.5Driving, suspended/revoked for refusing testOne point
VC 14603Violation of license restrictionsOne point

California DMV Point System

& Negligent Operator

The California Department of Motor Vehicles has a point system to identify and take action against high-risk drivers. Points are added to your DMV driver’s record for various traffic violations.

How many points before your license is suspended?

If you get a total of:-

  • 4 points in one year
  • 6 points in two years
  • or 8 points in three years

- then the California DMV will want to suspend your license for 6 months for being a negligent operator, a driver with too many points.

How do you get DMV points on your license?

If you get pulled over by a police officer and he writes you a traffic ticket for a moving violation, you will now face at least one point being put on your driver's license record.  See examples of DMV points below.

Moving violations

A moving violation is any violation of the law committed by the driver of a car while it is in motion. Moving violations put DMV points on your license.

Non-moving Violations

Parking tickets, fix-it tickets concerning the car equipment like broken lights, tinted windows or no front plate do NOT put points on your license. Paperwork violations relating to insurance or registration do NOT put points on your license.

cell phone violation points caCell phone violation and points

Talking or Texting on a cell phone - VC 23123 & VC 23123.5 - a ticket for talking or texting on a cell phone does NOT put a DMV point on your license record, and it will hopefully not affect your insurance rates but you should ask your insurance company just in case.

However, the California Legislature is considering a new law that will make a cell phone or texting violation count as a DMV point starting on January 1, 2021. So currently a cell phone or texting violation does not put a DMV point on your record but if this new law is passed starting January 1, 2021, a cellphone or texting ticket will put a DMV point on your DMV record which could cause your insurance rates to go up.

VC 23123.5

VC 23123.5 states:  
(a) A person shall not drive a motor vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while driving.

See http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=23123.5 for more detail.

Examples of DMV points:

One-point examples

  • Speeding
  • Running a red light
  • Making an unsafe lane change
  • Having an at-fault accident.

The California DMV will put one point on your driver's license record if they find out about an out-of-state traffic ticket you received.

Two-point examples

See our list of California Vehicle Code (VC) violations for the number of points each violation puts on your license.

Do I still get points if I pay my fine?

Please keep in mind, if you get a traffic ticket for a moving violation such as speeding or running a red light (any violation committed while your car is in motion), and if you decide just to pay this ticket off:-

  • You will be putting at least one DMV point on your record
  • which may result in higher insurance rates
  • and can possibly hurt you when applying for a job that involves driving.

Also, keep in mind, 4 DMV points acquired in a 12 month period will result in the DMV sending you a letter informing you that your license will be suspended for 6 months for acquiring too many DMV points.

WARNING About Paying Off A Ticket
- Many times people when they get a traffic ticket just pay it off. If you get a ticket for a moving violation and you just pay it off, you are essentially pleading guilty to the ticket and putting at least one DMV point on your record.

This also applies to letters from GC services. When you pay GC services for a ticket about which you have never come before a Judge, then you are actually pleading guilty to the ticket and all the violations, and if you were ticketed for a moving violation you are putting at least one DMV point on your record.

We recommend you do everything you can to avoid DMV points going on your record so your insurance rates do not increase. We recommend you think twice about paying GC services or the court for tickets involving moving violations and instead consider fighting the ticket or doing traffic school, if you are eligible.

How your point total is calculated

  • You must be convicted of the traffic violation before points are added to your driving record.  By simply paying your ticket for a moving violation, you are essentially pleading guilty to the ticket and putting at least one DMV point on your record.
  • Your point total is calculated based on the date of the violation (the date of your ticket), not the date of the conviction.
  • 12-month total
    • The points for violations that all occurred within the last 12 months are added to calculate your point total for the current 12-month period.
    • Once 12 months have passed from the violation date, the points for that violation no longer count toward your current 12-month total. However, the points remain on your driving record as long as the conviction remains on your record.
  • 24-month total
    • The points for violations that all occurred within the last 24 months are added to calculate your point total for the current 24-month period.
    • Once 24 months have passed from the violation date, the points for those violations no longer count toward your current 24-month total. However, the points remain on your driving record as long as the conviction remains on your record.
  • 36-month total
    • The points for violations that all occurred within the last 36 months are added to calculate your point total for the current 36-month period.
    • Once 46 months have passed from the violation date, the points for those violations no longer count toward your current 36-month total. However, the points remain on your driving record as long as the conviction remains on your record.
  • If the points are publicly visible (not masked), they may be used by your insurance company to increase your premiums.  See below for more information on hiding or masking points by attending Traffic school.

If you were not the driver

If you claim that someone else committed a violation on your record, you can request a DMV hearing. 

Out-of-state convictions

If you are convicted of a traffic violation in another state, the District of Columbia, Puerto Rico or Canada, the California DMV will put one point on your driver's license record if they find out about an out-of-state traffic ticket you received.

Too many points - get a DMV Hearing to save your license

 You must request a DMV Hearing immediately for having too many points (4 in one year) – A Negligent Operator DMV Hearing is oftentimes the only way to save your license – so get a Hearing!
We can do this for you - call us (310) 285-1516 to speak with a Los Angeles Traffic Ticket Attorney for a free legal consultation.

Learn more about DMV Hearings - your entitlements, issues and mitigating circumstances.

Your DMV driver record

The DMV keeps a record of all traffic convictions and accidents. Depending on the type of traffic ticket, you can get from one to two points for a traffic ticket, and one point for an accident. (A traffic accident in which the driver is deemed by the DMV to be responsible shall be given a value of one point.)

How many points do I have on my license?

Check your driving points

There are 3 methods to check how many points you have on your California driver's license - in person, online or by mail.

(1) In person: you can make a request for your driver record in person at your local DMV office.  There is a $5 fee.  Your local DMV office accepts cash.

(2) Online: You can check online by registering as a certified online user with the California DMV and making a DMV Driver Record Request.  There is a $2 fee, and as stated on that page, "Please ensure that your printer is ready and able to print your Driver Record printout as you will only have one opportunity to print your record after your fee is paid."

For more information about becoming a certified user with the DMV in order to request your DMV Driver Record online, see DMV FAQ regarding DMV Online Service Accounts.

(3) By mail: To request an official copy of your driver record by mail, fill out form INF1125 (PDF) and mail it to the DMV Headquarters address on the form along with a check or money order for the $5 fee.

How long does a point stay on my license?

The length of time a traffic ticket conviction and points stays on your license depends on the severity of the offense:-

  • Most one point convictions remain on your record for 36 months (3 years)
  • A speeding ticket stays on your record for 36 months (3 years)
  • A DUI stays on your record for 10 years

Most points (illegal turn, not making a complete stop, driving over the speed limit, etc.) and/or accidents will stay on your DMV driver record for 36 months (3 years).

Points for more serious offenses, such as hit-and-run or a DUI, will stay on your license record for 10 years.

As noted above in How your point total is calculated, once 36 months have passed from the violation date, the points for that violation no longer count toward your Points total. However, the points remain on your driving record as long as the conviction remains on your record.

4 points and your license is suspended

Your driving privilege will be suspended by the California DMV and an Order of Probation/Suspension will be sent to you from the California DMV under the following conditions:

Points resulting in License Suspension
Point Count Time Period
You get 4 points Within 12 months
You get 6 points Within 24 months
You get 8 points Within 36 months

Note: Your Point Count is calculated based on the date of the violation (the date of your ticket), not the date of the conviction.

Why you should fight your traffic ticket

Most people when they get a traffic ticket usually just pay it off. The problems with this approach are that:-

  • It automatically puts at least one point on your driver's license record
  • 4 or more points can result in your license being suspended.
  • And it will probably increase your insurance rates.

Traffic School: Mask or hide points on your license

We recommend that you do everything you can to fight your traffic ticket to mask or hide points from your DMV driver's license record. Keep in mind you are allowed to do traffic school once every 18 months and this will mask or hide the point and ticket from your DMV record if done successfully. The 18-month eligibility period is determined from violation date to violation date and not from when you attended traffic school.

Are you eligible for Traffic School? 

Generally, you can go to traffic school if:-

  • You have a valid driver's license,
  • The offense occurred while driving a non-commercial vehicle, and
  • Your ticket is for an infraction that is a moving violation.

Note: The ticket must be for an infraction, not a misdemeanor. A moving violation is any violation of the law committed by the driver of a car while it is in motion. Moving violations put DMV points on your license.

Read more about eligibility for Traffic School.

What does masking points on your DMV Driver's record mean?

Masking means the points are hidden from the public and from your insurance company.

How it works  

Non-commercial drivers

You must be eligible for traffic school and hold a non-commercial driver's license; then if you successfully complete a California DMV-approved Traffic School program, the Court will notify the California DMV of a conviction that will be kept confidential:-

  • It will not show on your public record, and the point will not be assessed to your DMV record. 
  • Your insurance company will not be notified of masked points.

See California legislature regarding masking of points.  When your conviction is kept confidential, it means it shall not be disclosed to any person, except a court.  If you get another traffic ticket within 18 months, the judge will be able to see your previous attendance at traffic school and your masked points and conviction.

Drivers are only permitted to go to traffic school once in 18 months. If you get a traffic ticket but have already attended traffic school within the last 18 months, you will get points on your license and your insurance company will be notified.

Commercial Drivers

If you hold a commercial driver's license and you were not driving a commercial vehicle when you got your traffic ticket, then if you successfully complete a California DMV-approved Traffic School program, the record of conviction will not be held confidential but the conviction will not add a point count to your DMV record.

Please call us at (310) 285-1516 for a free legal consultation with a Los Angeles Traffic Ticket Attorney, to discuss hiding points on your license record.

4 points - Restricted License

If you get four or more points in one year call us immediately at (310) 285-1516 because we can help you get a restricted license from the DMV at a DMV Hearing if they are trying to suspend your license for too many points (negligent operator).

Keep in mind if you get four points in a year, you only have a short period of time to request a DMV Hearing to try to keep your license from being suspended.

We can help keep the points masked on your license

We can help you fight your traffic ticket to keep the points masked on your license and save your driver's license from suspension. Call to speak to a Los Angeles Traffic Attorney for a free legal consultation regarding your case (310) 285-1516.
See also:-

This website has been created by the Law Office of Pardoe & Associates, Traffic Ticket Attorneys in Los Angeles. We help with traffic ticket problems in Los Angeles County, including driver's license problems, DUI, GC Services, warrants, court appearances & more. Call us at (310) 285-1516 for a free legal consultation.

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