California DMV Point Count Suspension Attorney
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The California DMV will attempt to take the license away from any person that acquires more
will lose his or her driving privileges for longer periods of time for tickets such as reckless
driving or DUI.. However, we can demand a hearing if we are hired with 10 days of the notice
you received from the DMV in CA. California calls this type of suspension a negligent operator
suspension. The law is codified as follows:
Vehicle Code section 12810. Traffic violation point count
In determining the violation point count, the following shall apply:
(a) A conviction of failure to stop in the event of an accident in violation of Section 20001 or
20002 shall be given a value of two points.
(b) A conviction of a violation of Section 23152 or 23153 shall be given a value of two points.
(c) A conviction of reckless driving shall be given a value of two points.
(d) (1) Any conviction of a violation of subdivision (c) of Section 192 of the Penal Code or of
Section 2800.2 or 2800.3, subdivision (b) of Section 21651, subdivision (b) of Section 22348,
subdivision (a) or (c) of Section 23109, or Section 31602 of this code, shall be given a value of
two points.
(2) A conviction of a violation of subdivision (a) or (b) of Section 23140 shall be given a value of
two points.
(e) A conviction of a violation of Section 14601, 14601.1, 14601.2, 14601.3, or 14601.5 shall
be given a value of two points.
(f) Except as provided in subdivision (i), any other traffic conviction involving the safe operation
of a motor vehicle upon the highway shall be given a value of one point.
(g) A traffic accident in which the operator is deemed by the department to be responsible
shall be given a value of one point.
(h) A conviction of a violation of Section 27360 or 27360.5 shall be given a value of one point.
(i) (1) A violation of paragraph (1), (2), (3), or (5) of subdivision (b) of Section 40001 shall not
result in a violation point count being given to the driver if the driver is not the owner of the
vehicle.
(2) A conviction of a violation of paragraph (1) or (2) of subdivision (b) of Section 12814.6,
subdivision (a) of Section 21116, Section 21207.5, 21708, 21710, 21716, 23120, 24800, or
26707 shall not be given a violation point count.
(3) A violation of subdivision (d) of Section 21712 shall not result in a violation point count.
(4) A violation of Section 23136 shall not result in a violation point count.
(5) A violation of Section 38301.3 shall not result in a violation point count.
(j) A conviction for only one violation arising from one occasion of arrest or citation shall be
counted in determining the violation point count for the purposes of this section.
§ 12810.5. Persons presumed to be negligent operators;
Hearing; Proof of financial responsibility
(a) Except as otherwise provided in subdivision (b), a person whose driving record shows a
violation point count of four or more points in 12 months, six or more points in 24 months, or
eight or more points in 36 months shall be prima facie presumed to be a negligent operator of
a motor vehicle. In applying this subdivision to a driver, if the person requests and appears at
a hearing conducted by the department, the department shall give due consideration to the
amount of use or mileage traveled in the operation of a motor vehicle.
(b) (1) A class A or class B licensed driver, except persons holding certificates pursuant to
Section 12517, 12519, 12523, 12523.5, or 12527, or an endorsement issued pursuant to
paragraph (2) or (4) of subdivision (a) of Section 15278, who is presumed to be a negligent
operator pursuant to subdivision (a), and who requests and appears at a hearing and is found
to have a driving record violation point count of six or more points in 12 months, eight or more
points in 24 months, or 10 or more points in 36 months is presumed to be a prima facie
negligent operator. However, the higher point count does not apply if the department
reasonably determines that four or more points in 12 months, six or more points in 24 months,
or eight or more points in 36 months are attributable to the driver's operation of a vehicle
requiring only a class C license, and not requiring a certificate or endorsement, or a class M
license.
(2) For purposes of this subdivision, each point assigned pursuant to Section 12810 shall be
valued at one and one–half times the value otherwise required by that section for each
violation reasonably determined by the department to be attributable to the driver's operation of
a vehicle requiring a class A or class B license, or requiring a certificate or endorsement
described in this section.
(c) The department may require a negligent operator whose driving privilege is suspended or
revoked pursuant to this section to submit proof of financial responsibility, as defined in
Section 16430, on or before the date of reinstatement following the suspension or revocation.
The proof of financial responsibility shall be maintained with the department for three years
following that date of reinstatement.
If you or someone you know is facing a suspension for too many
points, call us we can request a hearing and avoid the
suspension in most cases. Call 661-243-1084
will lose his or her driving privileges for longer periods of time for tickets such as reckless
driving or DUI.. However, we can demand a hearing if we are hired with 10 days of the notice
you received from the DMV in CA. California calls this type of suspension a negligent operator
suspension. The law is codified as follows:
Vehicle Code section 12810. Traffic violation point count
In determining the violation point count, the following shall apply:
(a) A conviction of failure to stop in the event of an accident in violation of Section 20001 or
20002 shall be given a value of two points.
(b) A conviction of a violation of Section 23152 or 23153 shall be given a value of two points.
(c) A conviction of reckless driving shall be given a value of two points.
(d) (1) Any conviction of a violation of subdivision (c) of Section 192 of the Penal Code or of
Section 2800.2 or 2800.3, subdivision (b) of Section 21651, subdivision (b) of Section 22348,
subdivision (a) or (c) of Section 23109, or Section 31602 of this code, shall be given a value of
two points.
(2) A conviction of a violation of subdivision (a) or (b) of Section 23140 shall be given a value of
two points.
(e) A conviction of a violation of Section 14601, 14601.1, 14601.2, 14601.3, or 14601.5 shall
be given a value of two points.
(f) Except as provided in subdivision (i), any other traffic conviction involving the safe operation
of a motor vehicle upon the highway shall be given a value of one point.
(g) A traffic accident in which the operator is deemed by the department to be responsible
shall be given a value of one point.
(h) A conviction of a violation of Section 27360 or 27360.5 shall be given a value of one point.
(i) (1) A violation of paragraph (1), (2), (3), or (5) of subdivision (b) of Section 40001 shall not
result in a violation point count being given to the driver if the driver is not the owner of the
vehicle.
(2) A conviction of a violation of paragraph (1) or (2) of subdivision (b) of Section 12814.6,
subdivision (a) of Section 21116, Section 21207.5, 21708, 21710, 21716, 23120, 24800, or
26707 shall not be given a violation point count.
(3) A violation of subdivision (d) of Section 21712 shall not result in a violation point count.
(4) A violation of Section 23136 shall not result in a violation point count.
(5) A violation of Section 38301.3 shall not result in a violation point count.
(j) A conviction for only one violation arising from one occasion of arrest or citation shall be
counted in determining the violation point count for the purposes of this section.
§ 12810.5. Persons presumed to be negligent operators;
Hearing; Proof of financial responsibility
(a) Except as otherwise provided in subdivision (b), a person whose driving record shows a
violation point count of four or more points in 12 months, six or more points in 24 months, or
eight or more points in 36 months shall be prima facie presumed to be a negligent operator of
a motor vehicle. In applying this subdivision to a driver, if the person requests and appears at
a hearing conducted by the department, the department shall give due consideration to the
amount of use or mileage traveled in the operation of a motor vehicle.
(b) (1) A class A or class B licensed driver, except persons holding certificates pursuant to
Section 12517, 12519, 12523, 12523.5, or 12527, or an endorsement issued pursuant to
paragraph (2) or (4) of subdivision (a) of Section 15278, who is presumed to be a negligent
operator pursuant to subdivision (a), and who requests and appears at a hearing and is found
to have a driving record violation point count of six or more points in 12 months, eight or more
points in 24 months, or 10 or more points in 36 months is presumed to be a prima facie
negligent operator. However, the higher point count does not apply if the department
reasonably determines that four or more points in 12 months, six or more points in 24 months,
or eight or more points in 36 months are attributable to the driver's operation of a vehicle
requiring only a class C license, and not requiring a certificate or endorsement, or a class M
license.
(2) For purposes of this subdivision, each point assigned pursuant to Section 12810 shall be
valued at one and one–half times the value otherwise required by that section for each
violation reasonably determined by the department to be attributable to the driver's operation of
a vehicle requiring a class A or class B license, or requiring a certificate or endorsement
described in this section.
(c) The department may require a negligent operator whose driving privilege is suspended or
revoked pursuant to this section to submit proof of financial responsibility, as defined in
Section 16430, on or before the date of reinstatement following the suspension or revocation.
The proof of financial responsibility shall be maintained with the department for three years
following that date of reinstatement.
If you or someone you know is facing a suspension for too many
points, call us we can request a hearing and avoid the
suspension in most cases. Call 661-243-1084
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