Points System This is a system based upon points which are assigned to accidents and "safety violations" appearing as convictions on the driving record. [California Vehicle Code section 12810]
For most California drivers, age 18 and older, DMV will institute an action against the driver's license when one accumulates the following point totals:
4 points in 12 months
6 points in 24 months
8 points in 36 months
Those under 18 are also subject to a different Negligent Operator Points System which starts when a person gets:
2 points in 12 months
Points Traffic convictions are given a point count of 0 to 3 points. Most moving violations like speeding are given a point count of 1. Some mechanical violations may count as points if they affect the safe operation of a vehicle. For example, condition of brakes may be assessed a point.
Major violations like Reckless Driving, DUI, or Hit and Run are given a point count of 2.
Violations in commercial vehicles which would otherwise be 1 point violations, count as 1.5 points. Violations which would be 2 points in a noncommercial vehicle, are 3 points in a commercial vehicle.
Accidents in which the driver has some responsibility are assessed one point. If there is not enough information for DMV to determine responsibility, no points are assessed against the driver.
Hearing DMV sends a notice of suspension and probation by mail. The driver then has 14 days from the date of the notice to request a hearing. DMV is very strict about this time limit and will not grant a hearing unless there is a showing of good cause for not making a timely request.
If a hearing is not scheduled, the proposed six month suspension will be imposed. Also, a probation for one year will start at the same time as the suspension. An accident or Vehicle Code violation will violate the probation and will result in an additional suspension.
At the hearing, guilt for the traffic violations is not an issue and should not be argued. Accident responsibility can be contested at the hearing and if DMV is persuaded that there was no fault, the point can be removed.
If a hearing cannot be held prior to the proposed suspension date, a stay will be granted. This allows for a valid driving privilege until a decision is made following the hearing.
