How the DMV point system works in California
Jurisdiction: California
A detail explanation on how the California DMV sets points and suspensions for having too many points.
How points are assigned?
Most traffic violations carry one point. Some carry two, such as a DUI or speeding at over one hundred miles an hour. If you are not sure check www.californiatrafficdefensecenter.com to see how many points your violation may carry. Also, some violations carry no points. The point system is based on violations that are negligent and dangerous. Driving without a license carries no points and is, arguably, not dangerous
How long do they stay on my record?
A one pointer will stay on your record for three years. Two pointer will stay for seven - except for a DUI which stays for 10 years (and is priorable for ten).
What is the max number of points that I can get before a suspension is put in place?
4 points in a 12 month period, 6 points in a 24 month period and 8 points in a 36 month period will get you suspended. Commercial drivers have a higher point count, but their tickets also carry a higher point count.
Why should I avoid points?
Because if you don't your insurance rates will go way, way up. Also, as noted above your chances for getting suspended will increase with every ticket that you get. Some tickets carry jail as a punishment. If you find yourself in need of help with any traffic ticket or DMV matter see us at www.californialegaldefense.com or call me at 415.378.4133
TABLE OF POINT COUNT FOR CALIFORNIA DRIVING VIOLATIONS
POINT COUNTS FOR MOVING VIOLATIONS:
One Point Count California Vehicle Code Violations
| Section | Violation |
|---|---|
| 2800 | Disobedience to traffic officer |
| 2800.1 | Evading peace officer |
| 2801 | Disobedience to fire official |
| 2803, 2803a, 2803b, 2803c | Unsafe vehicle load |
| 2815 | Disregarding non-student crossing guard |
| 2816 | Youth bus/children crossing highway |
| 2817 | Disregarding funeral escort officer |
| 2818 | Crossing safety flares/cones |
| 14601.5 | Driving, suspended/revoked for refusing test |
| 14603 | Violation of license restrictions |
| 21100.3 | Disregarding traffic officer's directions |
| 21209, 21209a | Driving in bicycle lane |
| 21367, 21367a, 21367b, 21367c | Disobedience to traffic signs/controller |
| 21451, 21451a, 21451b | Illegal movement/green light/arrow |
| 21452, 21452a | Illegal movement/yellow light/arrow |
| 21453, 21453a, 21453b, 21453c | Illegal movement/red/light/arrow |
| 21454, 21454a - d, 21455 | Traffic signals |
| 21457, 21457a, 21457b | Disobedience to flashing signals |
| 21460a, 21460b | Double lines/one broken line |
| 21460.5c | Use of two-way left turn lane |
| 21461, 21461a, 21462 | Disobedience to traffic control device |
| 21650, 21650a - f | Keep right |
| 21651, 21651a | Crossing divided highway |
| 21652 | Entering highway from service road |
| 21654, 21654a, 21654b, 21655, 21655b | Lane use/slow moving vehicle |
| 21655.8 | High-occupancy vehicle lane/entering/exiting |
| 21656 - 21662, 21662a, 21662b | Improper lane use |
| 21663 | Driving on sidewalk |
| 21664 | Freeway ramp/entering/exiting |
| 21700 | Load obstructing driver's view |
| 21701 | Interfering with driver's control of vehicle |
| 21702, 21702a, 21702b | Driving hours limitation |
| 21703, 21704, 21704a, 21705, 21706 | Following too closely |
| 21707 | Driving in fire area |
| 21709 | Driving in safety zone |
| 21711 | Towed vehicle swerving |
| 21712, 21712a, 21712d, 21712f, 21715, 21715a, 21715b | Unlawful riding/towing |
| 21717 | Turning across bicycle lane |
| 21750 - 21757, 21758, 21759 | Illegal passing |
| 21800 - 21804, 21804a, 21804b | Right-of-way |
| 21805, 21805b | Yielding right-of-way to horseback rider |
| 21806, 21806a | Yielding right-of-way to emergency vehicle |
| 21807 | Unsafe operation of emergency vehicle |
| 21950, 21950a, 21951, 21952 | Yielding right-of-way to pedestrian |
| 21954, 21954b | Due care for pedestrian on roadway |
| 21960a | Prohibited use of freeway |
| 21963 | Yielding right-of-way to blind pedestrian |
| 22100 - 22105 | Turning and U-turns |
| 22106 | Unsafe starting/backing of vehicle |
| 22107 - 22111, 22111a, 22111b, 22111c | Signaling turns and stops |
| 22112, 22112a | School bus signaling |
| 22348, 22348a, 22348c | Speed/use of designated lanes |
| 22349, 22349.5 | Maximum speed |
| 22350, 22351, 22352, 22352a, 22352b | Basic/prima facie speed limit |
| 22354, 22355 | Exceeding posted/freeway speed limit |
| 22356, 22356b | Maximum speed 70 mph |
| 22357, 22358.4 | Speed in excess of local limits |
| 22359, 22360, 22361 | Speed in excess of local limits |
| 22362 | Speed/construction zone |
| 22363 | Restricted speed/weather conditions |
| 22364 | Speed/traffic lanes |
| 22400, 22400a, 22400b | Driving too slow |
| 22405, 22405a | Speed/bridge/tunnel |
| 22406, 22407 | Maximum designated vehicle speed |
| 22409, 22410 | Speed/solid/metal tires |
| 22413 | Speed limit on grades |
| 22450, 22451, 22452, 22452a, 22452b | Stop required/railroad crossing |
| 22454 | Stop for school bus |
| 23109, 23109b, 23109d | Speed contest/aiding or abetting |
| 23116, 23116a | Transporting person in truck load space |
| 23127 | Driving on trails and paths |
| 23220 | Drinking while driving |
| 23222, 23222a, 23222b | Marijuana or open container/driving |
| 23235 | Ignition interlock verification |
| 23244, 23244b | Defeating ignition interlock device |
| 23253 | Disobedience to toll highway officer |
| 23270, 23270a | Unauthorized towing |
| 23330, 23330c | Width/load of vehicle at crossing |
| 23336 | Disobedience to sign/vehicle crossing |
| 24002, 24002a, 24002b | Unsafe/unlawfully equipped vehicle |
| 24004 | Operation after notice by officer |
| 24250 | Lighting equipment |
| 24409, 24409a, 24409b | Failure to dim lights |
| 24604 | Lamps/flag for extended load |
| 25103, 25103a, 25103b | Lamps on projecting load |
| 26301, 26302, 26302a, 26302b, 26302c | Brakes |
| 26303, 26304, 26304a, 26304b | Brakes/combination vehicles |
| 26307 | Forklift truck brakes |
| 26311, 26311a, 26311b, 26311c | All wheel service brakes |
| 26456, 26457 | Brakes/stopping distance |
| 26458, 26458a, 26458.5 | Braking system/towing vehicles |
| 26502a | Adjustment/use of air brakes |
| 26503 - 26506, 26506a, 26507 | Airbrake system |
| 26508, 26508a - c, 26508e - k, 26508o | Emergency stopping system |
| 26520, 26521, 26522 | Vacuum brakes |
| 27360, 27360a - c, 27360.5, 27360a - c | Child Passenger restraint |
| 27363, 27363b | Child seat belt |
| 27800, 27801, 27801a, 27801b | Motorcycle/passengers and equipment |
| 29001, 29002 | Fifth wheel connecting/locking device |
| 29003a, 29003b, 29003c | Hitch and coupling device |
| 29004, 29004a - c, 29006, 29006a | Towed vehicle coupling |
| 29201 | Pole dolly/load and length |
| 31301, 31301a | Caldecott tunnel restrictions |
| 31303, 31303b, 31303c, 31303e | Hazardous waste transportation |
| 31402 | Farm labor vehicle/unsafe operation |
| 31540, 31504b | Removable containers/regulations |
| 31614, 31614a, 3164b, 31614d - f 31614h, 31614i | Explosives transportation |
| 32104, 32104a, 32104b, 32105, 32105a, 32105c-e | Inhalation hazard transportation |
| 32106, 32106a - d | Inhalation hazard transportation |
| 34102 | Tank vehicle regulations |
| 34501.2, 34501a, 34501c | Driving hours limitations |
| 34506, 34506a - g | Driving hours, equipment, maintenance, operation |
| 34506.3 | Safety regulation violation |
| 34509, 34509c, 34509d | Vanpool vehicle maintenance inspection |
| 35784, 35784a, 35784b | Violation of special permit |
| 35784.5, 35784a, 35784b | Extralegal load/weight |
| 36400 | Lift-carrier/speed |
| 36705 | Bale wagon load width during darkness |
Two Point Count California Vehicle Code Violations
| Section | Violation |
|---|---|
| 2800.2, 2800.3 | Evading peace officer/reckless driving |
| 14601, 14601a,14601 b, 14601.1- 14601.4 | Driving while suspended/revoked |
| 20001, 20001a 20002, 20002a, 20002b | Hit and run/injury/property damage |
| 21651b | Driving wrong side/divided highway |
| 22348b | Speed over 100 MPH |
| 23103, 23103a,23103 b | Reckless driving |
| 23104, 23104a | Reckless driving/causing bodily injury |
| 23109a, 23109c | Speed contest /exhibition of speed |
| 23140, 23140a, 23140b | Minor driving with BAC of 0.05% or more |
| 23152, 23152a-d | DUI/alcoholic beverage or drugs |
| 23153, 23153a-d | DUI/causing bodily injury or death |
| 31602, 31602a, 31602b, 31602c | Explosives transportation |
Other Common California Code Violations Used In Negligent Operator Count
| Section | Code | Violation | Points |
|---|---|---|---|
| 49307 or 12059 | Education | Disobedience to school safety patrol | 1 |
| 191.5a, 192c1-192c4, 192.3c, 192.3d | Penal | Vehicular manslaughter with gross negligence | 2 |
| 192c, 192.3, 192.3a, 192.3b | Penal | Vehicular manslaughter without gross negligence | 1 |
| 27176 | Streets and highways | Speeding on Golden Gate Bridge | 1 |
One Point Count Out of State Violations
| Section | Violation | Section | Violation |
|---|---|---|---|
| 01 | Speed/too fast or over speed limit | 34 | Entering/exiting from thoroughfare |
| 03 | Speed/too slow or failure to turn out | 40 | Illegally modified vehicle |
| 04 | Passing/illegal, improper or unsafe | 45 | Explosives transportation |
| 05 | Following too close | 51 | Equipment/unsafe, illegal or defective |
| 06 | Failure to yield right-of-way | 58 | Driving while impaired |
| 07 | Illegal/unsafe use or change of lanes | 61 | Child passenger seat restraint |
| 08 | Tuirns/illegal or unsafe | 67 | Defective headlights |
| 09 | Signaling/improper or no signal | 69 | Following emergency vehicle unlawfully |
| 10 | Failure to obey traffic control device | 70 | Using vehicle for felony/aiding or abetting |
| 11 | Crossing double lines/markers/dividers | 72 | Erratic driving/suddenly changing speeds |
| 12 | Wrong way on one-way street | 73 | Fleeing scene or evading arrest by turning lights off when lights required |
| 13 | Brakes | 74 | Unsafe operation of a motor vehicle |
| 14 | Lights | 75 | Driving off road/on shoulder/on sidewalk |
| 21 | Violation of restricted license | 77 | No required equipment/using prohibited equipment |
| 26 | Negligent/careless/inattentive driving | 86 | Felony involving commercial vehicle |
| 27 | Starting or backing/illegal or unsafe | 87 | Felony controlled substance/commercial vehicle |
| 28 | Driving in a prohibited area | 88 | Speeding 15 mph plus/commercial vehicle |
| 30 | Disobedience of lawful order | 91 | Illegal lane change/commercial vehicle |
| 31 | Towing/improper, unsafe or illegal | 92 | Following too closely/commercial vehicle |
| 32 | Obstructing driver's view or interfering | 93 | Fatal accident violation/commercial vehicle |
| 33 | Unlawful riding on motor vehicle |
Two Point Count Out of State Violations
| Section | Violation | Section | Violation |
|---|---|---|---|
| 02 | Speed contest/aiding or abetting | 38 | DUI/dangerous drugs not narcotics |
| 15 | Reckless driving | 46 | Manslaughter without gross negligence |
| 16 | Reckless driving/injury | 47 | Manslaughter with gross negligence |
| 17 | Drunk driving | 81 | DUI/BAC 0.04% aor more/commercial vehicle |
| 18 | Drunk driving/injury | 82 | DUI/commercial vehicle |
| 19 | Hit and run | 84 | DUI/controlled substance/commercial vehicle |
| 20 | Driving while suspended or revoked | 85 | Hit and run/commercial vehicle |
| 37 | DUI/narcotics | 89-90 | Reckless driving/commercial vehicle |
Code of Federal Regulations Violations
| Section | Violation | Points |
|---|---|---|
| 36423 or 36FR46 | DUI/alcoholic beverage or any drug | 2 |