DUI Lawyer | Joel Brand, Esq.

DMV License Point System

California’s point system is a crucial part of the state’s efforts to monitor and enforce safe driving practices. Managed by the California Department of Motor Vehicles (DMV), this system assigns points to a driver’s record for various traffic violations. Accumulating too many points within a specific period can lead to serious consequences, including license suspension. This article will explore how the point system works, what violations carry points, and the potential penalties for accumulating too many points.

How the Point System Works

The point system in California is designed to keep track of a driver’s behavior on the road. Points are added to a driving record when a driver is convicted of certain traffic offenses. The severity of the offense determines the number of points assigned.

  • 1-Point Violations: Most common moving violations, such as speeding, making an unsafe lane change, or running a red light, are typically assigned 1 point.
  • 2-Point Violations: More serious offenses, including driving under the influence (DUI), reckless driving, hit-and-run accidents, or driving on a suspended license, result in 2 points being added to the driver’s record.

Points stay on your record for different lengths of time depending on the violation:

  • 1-Point Violations: Generally remain on your driving record for 36 months.
  • 2-Point Violations: Typically remain on your driving record for 7 years.

Consequences of Accumulating Points

Accumulating too many points within a certain period can result in the DMV classifying you as a “negligent operator,” which can lead to the suspension or revocation of your driver’s license. The thresholds are as follows:

  • 4 Points in 12 Months: If you accumulate 4 points within a 12-month period, the DMV may suspend your license.
  • 6 Points in 24 Months: Accumulating 6 points within 24 months can also lead to a suspension.
  • 8 Points in 36 Months: Finally, if you accumulate 8 points within 36 months, you are at risk of losing your driving privileges.

When the DMV determines that a driver has accumulated too many points, they may issue a notice of suspension, which informs the driver that their license will be suspended unless they request a hearing.

The Role of Negligent Operator Treatment System (NOTS)

California’s DMV uses the Negligent Operator Treatment System (NOTS) to identify and take action against drivers who accumulate too many points. The system has several stages:

  1. Level I – Warning Letter: When you accumulate 2 points in 12 months, 4 points in 24 months, or 6 points in 36 months, you receive a warning letter.
  2. Level II – “Notice of Intent to Suspend” Letter: If you reach 3 points in 12 months, 5 points in 24 months, or 7 points in 36 months, you receive a notice indicating that your license will be suspended unless you improve your driving record.
  3. Level III – Suspension/Probation: Reaching the point threshold of 4 points in 12 months, 6 points in 24 months, or 8 points in 36 months leads to a suspension of your license for up to 6 months, and probation for 1 year.
  4. Level IV – Violation of Probation: If you violate probation during the suspension period, the DMV may impose additional penalties, including a longer suspension.

Reducing or Avoiding Points on Your Record

There are several ways to prevent points from appearing on your driving record:

  1. Traffic School: If you commit a minor traffic violation (a 1-point offense), you may be eligible to attend traffic school. Successfully completing traffic school allows you to avoid having the point added to your driving record. However, this option is typically available only once every 18 months.
  2. Defensive Driving: Avoiding risky driving behaviors and adhering strictly to traffic laws is the most effective way to prevent points from accumulating.
  3. Challenging Violations: If you believe a traffic ticket was issued in error, you have the right to contest the violation in court. If you win your case, the violation and its associated points will not appear on your record.
  4. Expungement: In some cases, points may be removed from your record through expungement, though this is typically reserved for certain conditions or errors.

Implications of Points for Insurance and Employment

Accumulating points on your driving record can have several negative effects beyond potential license suspension:

  1. Insurance Premiums: Auto insurance companies use your driving record as a factor in determining your insurance premiums. Accumulating points can lead to significant increases in your rates, as you may be deemed a high-risk driver.
  2. Employment: If your job requires you to drive, having too many points on your record could jeopardize your employment. Many employers check driving records as part of their hiring process, especially for positions that involve operating a vehicle.

Conclusion

California’s point system is designed to promote safe driving and penalize those who violate traffic laws. Understanding how this system works, and the consequences of accumulating points, is crucial for every driver. By following traffic laws, attending traffic school, and taking steps to contest wrongful violations, you can maintain a clean driving record, avoid penalties, and ensure that you remain a safe driver on California’s roads.

For those who find themselves facing points on their record, consulting with a legal professional can provide guidance on how to best navigate the situation and minimize the impact on your driving privileges and insurance costs.

Citations:

  1. California Vehicle Code Section 12810 – Points
  2. California DMV – Negligent Operator Treatment System (NOTS)
  3. California Vehicle Code Section 1808 – Traffic Violations and Driving Records