Traffic Ticket Attorneys & Lawyers
Getting traffic tickets in California can lead to increased car insurance premiums, problems with employment if you drive for your job, and the high fines associated with the tickets. If you get a traffic ticket that you feel is unfair or you want to try to fight it in court, traffic ticket attorneys in California can help represent you and make sure that the ticket does the least amount of damage to your finances and way of life.
Point System in California
The point system in California is fairly simple. Most moving violations are assessed one point. More serious violations are assessed two points. If you receive four points in 12 months, six points in 24 months, or eight points in 36 months, you will lose your driver’s license in California. There are also some traffic violations that come with an automatic suspension on your license.
Violations and Points on your license
Point Count for California Vehicle Code (VC) Violations
California DMV Point System
& Negligent Operator
The California Department of Motor Vehicles has a point system concerning drivers’ licenses. If you get:-
- 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 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 cell phone 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§ionNum=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
- Reckless driving
- DUI
- Driving while suspended or revoked
- Driving over 100 mph
- etc.
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 monthsfor acquiring too many DMV points.
Fighting Traffic Tickets in California
When you first get your traffic ticket, it is important that you immediately take action. Failure to respond to a traffic ticket either by requesting a court date or paying the fine will result in suspension of your license and additional fines and court fees. If you don’t know how to request a court date, consult an attorney or the California DMV.
When you go to court to fight the traffic ticket, it is important to have an experienced California attorney who specializes in traffic tickets represent you in the proceedings. Fighting a traffic ticket on your own without an attorney is not likely to get you the results you are looking for. If you have lost your driver’s license due to traffic tickets or a DUI, most attorneys can assist you in getting back on the road with California driver’s license reinstatement.
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