The California DMV handles the driving privileges of all California drivers. The DMV has a number of systems in place to regulate the safety of California roads and one such system is the driving point system. Every driver in California is subject to points being added to their record for violating the rules of the road. How many points you will get will depend on what the violation is. You may get points for certain moving violations, such as minor speeding tickets, following too closely, illegal passing or failure to yield to the right of way. Generally, these types of violations will result in one point being added to your DMV record. Getting in an accident where you are found at fault can also add a point to your record. Non-moving violations such as "fix-it" tickets will not put points on your DMV record. Similarly, at this time, cell phone driving violations do not add points to your record, however, in light of pending legislative actions, second time cell phone violation offenders may have a point added to their record in the future. More severe violations will add two points to your record and commercial drivers will be given 1 ½ times the points for the same violations. Based on your point count, the DMV can suspend and then place on probation or revoke your driving privileges if you are found to be a negligent operator. You may be issued a restricted license in order to perform your duties in the course of employment. After such a suspension or revocation, you may need to submit proof of financial responsibility, also known as an SR-22 filing, with the DMV, in order to have your license reinstated. You may be able to keep points from being put on your record, or remove points already on your record, by completing an approved driver education or driver safety course.
The California DMV point system is important to understand because more serious violations, such as driving crimes, can add multiple points to your driving record, putting your California driving privileges at risk. Driving on a suspended license, even if it was suspended for minor violations, can result in criminal prosecution. Those who accrue several points in a set period of time may be determined to be Class C Negligent Operator, according to the California DMV. If you receive four or more points on your record within 12 months, six points in 24 months or eight points in 36 months, you will be found as a negligent operator and your license will be suspended or revoked. Offenses that result in two points added to your DMV record include: reckless driving, evading a peace officer, driving with a suspended or revoked license, hit and run, driving on the wrong side of a highway, speeding over 100 miles per hour, racing, DUI, vehicular manslaughter involving gross negligence and transportation of explosives. Also, minors driving with a blood alcohol concentration, or BAC, over .05% will receive two points on their record.
If you are facing driving crime charges and are concerned about your driving record, it is important you consult with a driving crime defense attorney immediately. Driving points for minor violations generally will stay on your California driving record for 39 months. However, points given for more serious violations, like a DUI, will remain on your DMV record for up to 13 years. Points on your record will not only threaten your driving privileges but they will also raise your insurance rates. If you are facing driving crime charges, there may be action you can take to defend yourself in court, potentially saving yourself the conviction and the points on your record. When your driving privileges are on the line, it is important to act fast before you lose your license.
Have you been convicted of a driving crime and have questions about the effect it will have on your driving record? Contact driving crime defense attorney Christopher Martens and his legal team. With over ten years of criminal defense experience, Christopher Martens will fight aggressively to ensure your driving privileges are protected or reinstated as soon as possible. Call our Visalia or Hanford, CA offices at 559-967-7386 or email us at [email protected] for a free consultation.