California Points System
Traffic citations are more than an expensive inconvenience. Pleading guilty and paying the fines does not end of the consequences. Points are assessed for traffic citations. If you receive too many points in a certain period of time, it will affect the status of your license. San Francisco traffic ticket attorney David Uthman assists clients in dismissal or reduction of traffic offenses. He has helped numerous Californians in traffic and DUI cases involving the California points system. David Uthman has over two decades of experience as an attorney and almost a decade of prior experience as a police officer. His knowledge of Traffic Law and Law Enforcement procedures is deep and unsurpassed.How Points Are Assessed
The points system reflects the driving conduct of licensed drivers throughout the state to ensure safety for drivers and passengers. The California Vehicle Code assigns points for various traffic and motor vehicle violations. Lesser violations, such as speeding, failing to obey traffic signs, failing to yield to a pedestrian, and passing on a double line, will result in one point being added to your license. More serious violations, such as reckless driving, driving at speeds over 100 miles per hour, being involved in a hit and run accident, and driving with a suspended or revoked license, will result in two points being added to your license. If you receive a citation for a traffic violation in a state other than California, it can also result in points on your license.Effect on Your License
If you receive four points within 12 months, six points within 24 months, or eight points within 36 months, you face the risk of being designated as a negligent operator. A negligent operator designation may result in suspension of your license and a period of probation after the suspension. Points on your license may also result in an increase in your automobile insurance premiums and inhibit your ability to drive. Consulting an experienced traffic attorney promptly after you receive a citation will enable you to consider options for avoiding points in the California points system.Determining How Many Points Are on Your License
- You can request your record in person at any DMV office.
- You can register as a certified user and make a driver record request via the California DMV website.
- You can request your driving record by mail.
There is a $5.00 fee for requesting your records in person or via mail, and a $2.00 fee for requesting your records over the internet.
Points remain on your driving record depending on the seriousness of the violation. Generally, most one-point violations will remain on your record for three years. Points for more severe offenses, like a hit and run accident or a DUI, will remain on your record for 10 years.Avoiding or Removing Points Under the California Points System
To avoid having points added to your record due to a violation, you must plead not guilty to your traffic citation. You may either wait until the day of your scheduled arraignment and plead not guilty at that time and request a trial date. You also may advise the court either in person or by writing that you intend to plead not guilty and request that the arraignment and trial be held on the same day. Another option is to request a trial by written declaration. You will be required to make a deposit of traffic bail. If you request that the arraignment and hearing be held on the same day or seek a trial by written declaration. If you are ultimately found not guilty, the traffic bail will be returned.
At a hearing, you will be able to question witnesses and present evidence that you were wrongfully cited. If you chose a trial by written declaration, you must submit to the court all of the evidence in support of the argument that you were wrongfully cited. The court will review your evidence and any evidence submitted by the citing officer, and it will determine whether you are guilty without conducting a hearing. If you are found not guilty, the court will return your bail money. You may only request a trial by written declaration if your citation was for a traffic violation, the citation due date has not passed, and the citation does not require a court appearance. Determining the appropriate course of action to fight a traffic citation requires the advice of an attorney with experience in Traffic Law.Traffic School
You may be eligible to attend Traffic school and have certain violations dismissed and avoid adding points to your driving record by attending California traffic school. You are eligible to attend traffic school if you have a valid driver’s license, you were not driving a commercial vehicle when you committed the traffic violation, and the offense was not a misdemeanor or alcohol-related. Drivers are only permitted to attend traffic school if they have not completed traffic school within the last 18 months for another violation.Consult an Attorney in San Francisco for Advice on Your Citation
David Uthman’s experience and expertise enable him to obtain positive results for drivers charged with traffic violations or drunk driving. The Uthman Law Office represents clients in San Francisco, San Mateo, Alameda, and Marin Counties, as well as elsewhere in the Bay Area. Call us today at 415-556-9200, use our contact form online, or stop in our office for a free consultation.