California uses a Negligent Operator Treatment System (NOTS) point total rather than a specific number of moving violations. Each moving violation gets assessed one or two points depending on the severity of the infraction. Minor infractions of the CA Vehicle Code (CVC) are one point, and major infractions, misdemeanors, and felonies are two points. All at-fault motor vehicle accidents get assessed one point regardless of the extent of damage or percentage of fault above 0%. Obviously, if you are not ruled at-fault by the investigator, no points get assessed to your motor vehicle driving record (MVR).
Four NOTS points within a 12-month period could result in a six-month suspension and a consecutive 12-month probationary period. Therefore, you could have as many as four moving violations within a year before your driving privileges get suspended, but just one conviction could cause an increased auto insurance premium. For commercial violations, each violation in their big rig is 1.5 points. However, a DMV hearing expert may be able to increase your allowed points above 4 based on miles and other factors. You should always consult a traffic ticket attorney when issued a ticket. There are other variables to consider as well.
NOTS Norms & Anomalies
Although most would define moving violations as infractions of the traffic code while the vehicle is in motion, that is not always the case. Use of a cell phone while driving, among others, is not a moving violation.
There are exceptions to the four NOTS points within 12-months rule: an assessment of six points within 24 months, and eight points within 36 months. In this scenario, you could have three points one year and three in the next and face a six-month suspension plus probation. These points are cumulative, and minor infractions stay on your MVR for 36-39 months. Major infractions linger for 7 years, and misdemeanors and felonies up to ten years.
CVC 12810, Issuance and Renewal of Licensesauthorizes the DMV to assess two points for a conviction of a hit-and-run, DUI, reckless driving, speeding over 100 mph, and several other safety-related violations. All other moving violations get assessed one point. One exception to this is the commercial motor vehicle (CMV) driver, assessed 50 percent more, or 1.5 and 3 points rather than 1 or 2 points. The commercial driver’s license (CDL) holder is held to a higher standard than a regular driver, and their driving behavior is open for inspection by future employers for ten years. So, whereas their non-commercial driving peers’ minor infraction are confidential if they attend traffic school (but only once during an 18-month period) and disappear after 36-39 months, this is not the case for a CDL holder.
Another exception is for provisional drivers, the first year of those under 18. A provisional driver gets a 30-day driving restriction if they reach two NOTS points within a year. That could be one ticket. And, they get a six-month suspension, plus 12 months’ probation when they reach three points within a year. Any additional points during the suspension/probation timeframe likely will get them added penalties, and they must serve out the entire suspension, restriction, or probation even when they reach 18 years of age.
So, you see, many factors determine how many moving violations you can receive in a year. It is based more on the severity of the violation and your status as a driver. But, one thing that never changes is when you receive a ticket for a moving violation you should consult with a traffic ticket defense lawyer.
Traffic Ticket Attorneys in Kern County
Call Bigger & Harman, (661) 349-9300, before you decide to pay a fine for any moving violations. They spend 30 to 40 hours per week in traffic court representing clients. Whether they are there assisting a client in a case like yours or a different case entirely, they hear and take note of rulings made by the judge. This could be helpful to determine whether your circumstances warrant a dismissal, reduced, or no points.
What a judge has ruled in the past has a bearing on future cases and could affect your situation. That’s why it is crucial to always consult a traffic ticket attorney about your ticket. “Cousin Vinnie” may be the best divorce lawyer in the state of CA, but it’s an entirely different ball game in traffic court. Because there are so many tickets that must get resolved, traffic court moves at a much faster pace than any other courtroom setting.
Therefore, when you have a moving violation or are facing a DL suspension, you need representation you can count on. Email Bigger & Harman today, attorney@biggerharmanlaw.com. Include a short summary of the event that lead up to your stop and a scanned copy of the ticket. You can count on getting a reply describing your options when the office opens, or we return from the courthouse.
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References
CA Vehicle Code (CVC) 22450, Special Stops Required
DMV 2018 CA Commercial Drivers Manual.pdf
The CA DMV Portalfor Young Drivers
CVC 12810, Issuance and Renewal of Licenses