Driving in California is a privilege and not a right. If you are pulled over for a moving violation or suspected of driving under the influence, it is important that you speak to an attorney right away.
Most moving violations result in points on your license for a period of 3 to 10 years that not only result in increases to your insurance premiums but could also lead to suspension of your license by the DMV.
Learn more below. Contact Varlack Legal Services for a free consultation about how a defense attorney can help in your case. Based in Hayward, California, we serve clients throughout the San Francisco Bay area and beyond.
California DMV Point Assessments for Traffic Violations and DUI
From the State of California Department of Motor Vehicles website.
Violation points are assigned to Vehicle Code sections and any other code section or city or county ordinance involving the safe operation of a motor vehicle. Any violation occurring as a pedestrian or a bicyclist has no point assigned. The department may suspend and place on probation or revoke the driving privilege of a negligent operator.
Per Vehicle Code section 12810.5a, a Class C negligent operator has
- 4 or more points in 12 months,
- 6 in 24 months, or
- 8 in 36 months.
Also, points assessed change when the driver either has a commercial license or is under the age of 18.
Here are a few examples of moving violations and the penalties they carry in California…
Driving without a license (Vehicle Code § 12500)
This offense occurs when you drive without a license because you either failed to renew your California license or have resided in California for more than 10 days without obtaining a California license.
This offense can be charged as a traffic ticket, which is also referred to as an infraction or misdemeanor.
Driving on a suspended license (Vehicle Code § 14601)
Carries 2 points.
This offense occurs when your license has been suspended and you are caught driving.
This offense is a misdemeanor and will result in a 5-day jail sentence for first offenders. For repeat offenders, the penalties increase, and it is important to contact an experienced traffic attorney if you are accused of driving on a suspended license.
Driving with a BAC over .08/or with Alcohol or Drugs in your system in an unsafe manner
Carries 2 points.
When you are arrested on suspicion of driving under the influence/drunk driving in California, it is important to contact an attorney right away, because two things happen after your arrest. First, the DMV begins an administrative process to suspend your license. Second, the agency that arrested you prepares a report to forward to the District Attorney to charge you with a DUI, in appropriate cases. Both scenarios require swift action to protect your rights and extend your ability to drive.
California DUIs are misdemeanors, and first-time offenders face 6 months in jail, counseling, and installation of an ignition interlock device, not to mention a suspended license if convicted. It’s important to meet with an attorney to learn your rights and protect them through the process.
Red light violations and speeding tickets
Carry one point. However, if you are eligible, you may be able to attend traffic school to avoid the point and the increase in your insurance premium. Speeding over 100 mph carries a two-point penalty.
Free Consultation with a Hayward DUI and Traffic Ticket Defense Attorney
Based in Hayward, California, we serve clients throughout the San Francisco Bay area and beyond. Contact VLS today for a free consultation.
