If I get in a crash, does the California DMV count it against me? Your question answered

As a driver in California, you’ve probably encountered wild lane switches on freeways and “California Rolls” at stop signs. Maybe, you’ve been rear-ended, too. In a crash or a fender-bender, no matter whose fault it is, there are typically consequences.

Reader Leonard McDaniels asked The Sacramento Bee’s service journalism team, which focuses on helping the community navigate daily life: If you are in an accident caused by another vehicle, will you get a point on your driving record when you report it to the California Department of Motor Vehicles? Here’s what you need to know about the California point system:

How does the point system work in California?

The DMV maintains points based on the Negligent Operator Treatment System, said Ronald Ongtoaboc, a spokesman for the department. The system is “a series of warning letters and progressive penalties against your driving privilege,” according to the DMV website[1].

Drivers 18 and older are affected by the system, the website states. “Provisional” drivers[2], or minors, are only included in the system if they violate license probation or suspension. “Negligent operator points are point values ranging from zero to three points that are added to a person’s driving record if law enforcement finds them responsible,” Ongtoaboc wrote in an email.

What can cause points on your California driver’s license?

Ongtoaboc said points are based on convictions for traffic violations and collisions. According to the DMV website[3], points range from zero to three, depending on who is responsible and on the type of vehicle you were driving — commercial or non-commercial.

The vehicle code states[4] that convictions or collisions that occur in a commercial vehicle can be given a point count of 1 1/2 times its usual value. One-point convictions include speeding[5] and operating a vehicle in an unsafe condition[6]. Two-point convictions are for “more serious” risks to traffic safety, such as a hit and run[7] or driving under the influence[8], the DMV website states.

Story continues “Major convictions, such as when you are driving a commercial vehicle, are given (three) points,” according to the DMV.

Is a car accident a point on your California driver’s license?

If law enforcement reports that you contributed to or were at fault for a crash, the DMV website states that the point will go against your license. “Collisions you are found to be responsible for are counted as (one) point” if you’re driving a non-commercial vehicle, the DMV states on its website.

What is the maximum number of points someone can have on their license?

“There are four levels of NOTS,” Ongtoaboc said. “At level three, drivers are subject to a suspension action after receiving the following negligent operator point count within a specified time frame.”

Ongtoaboc said driver’s can face a license suspension for four negligent operator points with in one year, six negligent operator points within two years and eight negligent operator points within three years. The vehicle code states commercial drivers[9] can have a higher point count. Class A or B drivers can have the six points in one year, eight points in two years and 10 points in three years, the DMV website states[10].

If provisional drivers are involved in a car accident, they can be provided a hearing under Vehicle Code 12814.6[11] to argue that they were not responsible.

Can someone argue a point on their record and have it removed?

Though the point system does not renew, the points might not be on your record forever under California law[12]. “Records of convictions shall be maintained so long as they may form the basis of license suspensions or revocations as prior convictions or with other records of conviction constitute a person a ‘negligent driver,'” California Vehicle Code 1807 states. Depending on the conviction, a driver’s record information can be kept from three to 55 years, according to the DMV website[13].

“Drivers can try to have a point removed from their record, such as contesting a traffic ticket in court or enrolling in traffic school if eligible,” Ongtoaboc said. If eligible, the California Courts website states[14] you can go to traffic school to keep a point off your driving record. According to the website, you can generally go to traffic school if you have a valid driver’s license, the ticket is given in a noncommercial vehicle and you have not gone to traffic school within the last 18 months.

However, some tickets are not eligible for traffic school, including those involving car equipment violations and alcohol or drug-related offenses.

Where can I view my California driver’s record?

California driver’s license holders can request their record information from the DMV and pay a fee to access it, according to the DMV website[15]. Your record request must include:

• Record number/title

• Number of copies you want

• Business name (if applicable)

• Phone number

• Contact name

• Street address (cannot be a PO Box)

Will my California driver’s record affect my car insurance price?

According to insurance company Progressive[16], any violation that shows on your record can increase your car insurance rate. “If your insurer offers a discount for safe driving, you’ll likely lose that discount after receiving a speeding ticket,” the website states.

What do you want to know about life in Sacramento?

Ask our service journalism team your top-of-mind questions in the module below or email [email protected][17].

References

1. ^ according to the DMV website (www.dmv.ca.gov)
2. ^ “Provisional” drivers (www.dmv.ca.gov)
3. ^ According to the DMV website (www.dmv.ca.gov)
4. ^ The vehicle code states (leginfo.legislature.ca.gov)
5. ^ speeding (leginfo.legislature.ca.gov)
6. ^ operating a vehicle in an unsafe condition (leginfo.legislature.ca.gov)
7. ^ hit and run (leginfo.legislature.ca.gov)
8. ^ driving under the influence (leginfo.legislature.ca.gov)
9. ^ The vehicle code states commercial drivers (leginfo.legislature.ca.gov)
10. ^ the DMV website states (www.dmv.ca.gov)
11. ^ Vehicle Code 12814.6 (leginfo.legislature.ca.gov)
12. ^ California law (leginfo.legislature.ca.gov)
13. ^ according to the DMV website (www.dmv.ca.gov)
14. ^ the California Courts website states (selfhelp.courts.ca.gov)
15. ^ according to the DMV website (www.dmv.ca.gov)
16. ^ According to insurance company Progressive (www.progressive.com)
17. ^ [email protected] (ca.sports.yahoo.com)