Negligent Operator Suspension for Excessive Points

The California Department of Motor Vehicles (DMV) assigns points to a driver's license for specified driving violations and at fault accidents as detailed in Vehicle Code section 12810. The DMV assigns a point count of one for most Vehicle Code violations involving the safe operation of a motor vehicle upon the highway. More serious Vehicle Code violations are assigned a point count of two.

California Vehicle Code section 12810.5, subdivision (a) provides:

Except as otherwise provided in (the Vehicle Code) a person whose driving record shows a violatoin point court 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 of Motor Vehicles], the department shall give due consideration to the amount of use or mileage traveled in theoperation of a motor vehicle.

To calculate the point count, the Department of Motor Vehicles relies upon California Vehicle Code section 12810, which provides:

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 felony hit and run causing injury) or 20002 misdemeanor hit and run causing property damage) shall be given a value of two points.

(b) A conviction of a violation of Section 23152 (misdemeanor driving under the influence of alcohol, medication or drugs or driving with a breath or blood alcohol level of 0.08 percent or more) or 23153 (felony driving under the influence of alcohol, medication or drugs or driving with a breath or blood alcohol level of 0.08 percent or more causing injury to another person) shall be given a value of two points.

(c) A conviction of reckless driving (in violation of California Vehicle Code section 23103 or 23103.5) shall be given a value of two points.

(d) (1) A conviction of a violation of subdivision (b) of Section 191.5 (vehicular manslaughter) or subdivision (c) of Section 192 (vehicular manslaughter) of the Penal Code, or of Section 2800.2 (evading a peace officer) or 2800.3 (evading a peace officer causing injury or death), subdivision (b) of Section 21651, subdivision (b) of Section 22348, subdivision (a) or (c) of Section 23109, Section 23109.1, 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 (driver's under 21 years of age drving with a breath or blood alcohol level of 0.05 percent or more) 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 (driving with a suspended license) 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 (driving without child restraints) 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.

Note, however, that any violation occurring as a pedestrian or a bicyclist has no point assigned. The Department of Motor Vehicles may suspend and place on probation, or revoke, the driving privilege of a negligent operator.

Note also, although a Class A or B driver without a special certificate may be allowed 2 additional points, a violation received in a commercial vehicle carries 1 1/2 times the point count normally assessed pursuant to California Vehicle Code section 12810.5, subdivision (b).

Also, a driver under 18 years of age, may receive a 30-day license restriction upon receiving 2 points in 12 months, or be suspended upon receiving 3 points in 12 months pursuant to Vehicle Code section 12814.6.

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