California Traffic Tickets: Points, Traffic School and Negligent Operator Suspensions

How points work

Vehicle Code section 12810 requires the DMV to assign points to traffic convictions involving the safe operation of a vehicle. A typical speeding ticket is one point. Two-point convictions include driving under the influence and hit and run. The DMV also assigns points for collisions in which you were found responsible, and for convictions from other states. Commercial drivers operating a class A or B vehicle receive one and a half times the usual value for a conviction.

Under the DMV's Negligent Operator Treatment System, drivers are presumed to be negligent operators at 4 points in 12 months, 6 points in 24 months or 8 points in 36 months. Before that point the DMV usually sends warning letters. After it, the DMV can place you on probation or suspend your license. You have the right to a hearing before a negligent operator action.

When traffic school helps

According to the California courts, you can usually go to traffic school if you have a valid driver license, the ticket is for a noncommercial vehicle and you have not attended traffic school in the last 18 months. Some tickets do not qualify, for example equipment violations and tickets related to alcohol or drugs. The court notice should say whether you are eligible; if not, ask the court.

If you finish traffic school on time, the point from the ticket does not show on your public DMV record, so insurers cannot use it to raise your rates. You still pay the fine and a traffic school fee. Commercial license holders follow different rules and should ask the court how it works for them.

• Check the court notice for traffic school eligibility.
• Finish by the deadline the court gives you.
• Use a school from the DMV's approved list.

Contesting a ticket

You can plead not guilty and ask for a trial in court. Many courts also offer a trial by written declaration under Vehicle Code section 40902, in which you and the officer submit written statements instead of appearing. If you lose a trial by declaration, you can generally ask for a new trial in court. Whether contesting makes sense depends on the evidence, your current points and what a conviction would cost you in insurance and license consequences.

If you are already close to a negligent operator threshold, or you drive for a living, a single additional point can matter far more than the fine. In that case it can be worth having an attorney look at the ticket before the due date on the notice.