Drivers face fines and even jail time, including prison in certain cases, if they violate California traffic laws. In addition, the DMV assigns points for certain convictions or actions, such as DUIs or at fault accidents. Points appear on your driving record and can affect your privilege to drive.
The Vehicle Code assigns points to convictions involving the unsafe operation of a vehicle. If a person is deemed to be a “negligent operator”, the DMV, the DMV may suspend and place on probation, or revoke, the driving privilege of a negligent operator.
Vehicle Code section 12810.5a defines a class C “negligent operator” as a driver who has accumulated
- 4 or more points in 12 months,
- 6 in 24 months, or
- 8 in 36 months.
A Class A or B driver convicted of a violation received in a commercial vehicle carries 1 1/2 times the point count normally assessed (12810.5b VC). A minor, under 18 years of age, may receive a 30-day restriction for 2 points in 12 months, or be suspended for 3 points in 12 months (12814.6 VC).
Different convictions have different point values. Some carry no points. Others carry one point. The most serious convictions have a two point value.
For example, the following carry two points:
1. DUI conviction
2. “Wet reckless” (alcohol related reckless driving) conviction
3. Reckless driving (“dry reckless”, non alcohol related reckless driving) conviction
4. Driving on a suspended license conviction
5. Hit and run conviction
6. 100MPH or higher speeding
Other convictions or actions that involve the safe operation of a moving vehicle, commonly referred to as “movers”, carry one point. Such convictions include:
1. Speeding under 100MPH
2. Unsafe lane changes
3. Failure to signal
4. Failing to come to a complete stop at a signal
5. An at fault accident
If a driver violates California traffic laws, the driver will accumulate points on his/her driving record. The driver’s license will be suspended if a certain number of points are reached in a particular period of time. For a class C licensee, if the person accumulates four or more points in a 12 month period, the DMV designates the person as a “negligent operator” and suspends his/her license. If the license has six or more points in 24 month period or eight or more in a 36 month period, the licensee is a “negligent operator.” Penalties include probation and/or license suspension.
If the licensee remains conviction free for a three year period, points fall off the driving record. All one point and some two point convictions fall off after three years. However, others remain on a driving record for much greater time. For example, a DUI stays on a driver’s record for 10 years. A failure to appear remains on a person’s record for five years.
You may wish to visit the DMV’s web site to check a particular Vehicle Code Section violation and the point count if any that the DMV assigns to it. As of 9/26/12, you could click on the following link and see the point tally as reflected below:
http://www.dmv.ca.gov/dl/vioptct.htm
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 |
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 |
14601.5 | Driving, suspended/revoked for refusing test |
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 |