Why Avoid The Points?
If you are concerned about losing your driving privilege, ruining your clean driving record or if your job is at stake. You need to hire an attorney with experience and success in getting traffic ticket violations dismissed. Kim Burgess has 30 years of experience and have had numerous traffic cases dismissed. Every year, traffic laws are getting more severe and almost every violation is assigned a point. You can certainly appear in court on your own, but if you have any of the above concerns you should hire a qualified traffic ticket attorney. Read more about Mrs. Burgess on the biography page.
Code Changes That Affect Your Driving Record Points
October 8, 2019 brought changes to the California wireless phone use in a motor vehicle that will impact the points counted against a driver's record. Below is the code's digest.
"Existing law prohibits a person from driving a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving. Existing law also prohibits a person from driving while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the telephone or device is specifically designed and configured to allow voice-operated and hands-free operation, and is used in that manner while driving. A person who is 18 years of age or younger is prohibited from driving while using a wireless telephone or an electronic wireless communications device, even if equipped with a hands-free device.
Existing law establishes that specified convictions and violations under the Vehicle Code and traffic-related incidents count as points against a driver’s record for purposes of suspension or revocation of the privilege to drive and that certain other violations do not result in a violation point. Existing law also generally provides that traffic convictions involving the safe operation of a motor vehicle result in a violation point. Existing law provides an exemption for the electronic device violations described above from being counted as points against a driver’s record for purposes of suspension or revocation of the privilege to drive.
"This bill would instead make only those electronic device violations that occur within 36 months, beginning July 1, 2021, of a prior conviction for the same offense subject to a violation point against the driver’s record."
"Existing law prohibits a person from driving a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving. Existing law also prohibits a person from driving while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the telephone or device is specifically designed and configured to allow voice-operated and hands-free operation, and is used in that manner while driving. A person who is 18 years of age or younger is prohibited from driving while using a wireless telephone or an electronic wireless communications device, even if equipped with a hands-free device.
Existing law establishes that specified convictions and violations under the Vehicle Code and traffic-related incidents count as points against a driver’s record for purposes of suspension or revocation of the privilege to drive and that certain other violations do not result in a violation point. Existing law also generally provides that traffic convictions involving the safe operation of a motor vehicle result in a violation point. Existing law provides an exemption for the electronic device violations described above from being counted as points against a driver’s record for purposes of suspension or revocation of the privilege to drive.
"This bill would instead make only those electronic device violations that occur within 36 months, beginning July 1, 2021, of a prior conviction for the same offense subject to a violation point against the driver’s record."
Courts We Cover
We're here to help you in the traffic courts of Alameda, Contra Costa, San Mateo, San Joaquin, and Santa Clara counties. Contact us for more information on how we can help you.
Common Questions
What is a “point” and how will it affect me?
When you get a ticket, points will be placed on your driving record. Each incident is assigned a point and depending on the type of traffic ticket you received, you can get from 1 – 2 points on your driving record. For example:
You will get 1 point on your Driving record If you get a ticket for:
- Driving while holding and operating a handheld wireless telephone (after first offense)
- Speeding
- Running a red light / camera
You will get 2 points for:
If you get 4 points or more within 12 months, the department may suspend, place on probation, or revoke, your driving privilege for being a negligent operator.
How long does a point stay on my driving record?
The amount of time a point stays on your driving record depends on the severity of the traffic ticket. Most points (illegal turn, not making a complete stop, driving over the speed limit, etc.) will stay on your driver record for 3 years. Points for more serious offenses, such as hit-and-run or a DUI, will stay on your record for 10 years.
Will This affect my insurance rates?
Most insurance companies regularly review your record and may raise your premium if you get a certain number of points. It’s always best to have a “clean” driving record. Having a lot of points on your driving record may cause insurance rates to increase as much as twenty to thirty percent, depending on the number of points on your driving record and your insurance companies policies.
In addition, some insurance companies consider non-point violations in setting premiums. There is no hard or fast rule on whether they consider non-points or not. The best option is to resolve your ticet with a dismissal or one of a few violations that are not reported to the DMV and therefore do not go on your record at all.
