Understanding traffic laws in California is of the utmost importance for all drivers. Adhering to these laws can help individuals avoid violations, which can save them from potentially serious consequences and penalties.
The California Department of Motor Vehicles (DMV) and the California Highway Patrol (CHP) play crucial roles in regulating and enforcing traffic laws on the state roadways. These authorities are dedicated to assuring that street laws are strictly enforced and individuals found in violation are penalized accordingly.
The penalties for traffic violations in California vary. Repeat offenders or those guilty of severe violations may face suspension or revocation of their driver's license. In addition, receiving traffic tickets can increase insurance premiums and stain personal driving records, adversely affecting future employment opportunities.
In line with this, California drivers are advised to emphasize responsible driving practices. By doing so, they can avoid the negative consequences of traffic violations and contribute to California's transportation system's overall safety and efficiency.
What Are the Major Traffic Violations in California?
In California, there are numerous traffic violations that one can commit. Each carries varying consequences, such as fines, points on driving records, and severe penalties, such as license suspension or imprisonment.
Below are the most common traffic violations in the state:
Speeding
Speeding is a prevalent and consequential traffic violation in California. The state categorizes its speeding laws into three distinct types: absolute, presumed, and basic speed laws.
California's absolute speed limit law is the standard, aligning with most states. This law involves placing speed signs and ticketing drivers who exceed the indicated speed limit.
On the other hand, presumed speed limits allow drivers to slightly exceed the posted speed limit when ideal conditions are present. However, drivers can still be cited for driving too fast for conditions should an officer deem it unsafe considering the circumstances.
Meanwhile, California's Basic Speed Law, codified in California Vehicle Code Section 22350, mandates that drivers must operate at a reasonable and prudent speed, considering weather, visibility, traffic, and road conditions. Regardless of the posted speed limit, drivers can be held accountable if they drive too fast for the existing circumstances.
Speeding fines in California vary depending on the degree to which the driver exceeds the speed limit. Common penalties include $35 for exceeding the speed limit by 1-15 mph, $70 for surpassing the limit by 16-25 mph, and $100 for exceeding the limit by more than 25 mph.
However, additional costs, such as court fees and assessments, can significantly increase the fine.
Reckless Driving
Reckless driving, as defined by California Vehicle Code Section 23103, is a serious traffic violation that entails operating a vehicle with a willful or wanton disregard for the safety of others and property.
Those guilty of reckless driving can face misdemeanor charges, resulting in a potential jail term of up to 90 days and fines ranging from $145 to $1,000. In cases where reckless driving causes injury to another person, the jail time may increase to six months.
In more severe instances, reckless driving can be elevated to a felony offense, attracting fines of up to $10,000 and a potential prison sentence of up to three years.
Leaving the Scene of Accident
Leaving the scene of an accident, commonly known as hit and run, is considered a serious traffic violation under California Vehicle Code Sections 20001 and 20002.
According to these provisions, if a driver is involved in an accident resulting in injury to a person or damage to property, they must stop their vehicle immediately at the accident scene. Failure to do so and leaving without providing contact information can result in hit-and-run charges.
In cases where only property is damaged, hit and run is categorized as a misdemeanor. The penalties for this offense include a potential jail sentence of up to six months, a fine of up to $1,000, or both. Additionally, individuals may face three years of probation, restitution for property damage, and points on their driving record.
However, if the accident causes injury or death to an individual, drivers can be charged with a felony, which carries severe penalties.
Driving Under the Influence
In California, the act of driving under the influence (DUI) is strictly prohibited under California Vehicle Code Section 23152. This law applies to individuals who are under the influence of alcohol or drugs while operating a vehicle.
If caught violating this law, offenders may face DUI charges, which are generally considered misdemeanors. However, certain circumstances can elevate the charge to a felony.
The penalties for a DUI offense in California depend on the number of prior offenses and other aggravating factors.
Typically, these penalties include fines ranging from $390 to $5,000, potential imprisonment for up to one year (or even a life sentence in the case of DUI causing murder), a possible suspension of the driver's license for up to two years, and mandatory enrollment in a DUI school for a period of up to 30 months.
Driving With a Suspended License
According to California Vehicle Code Section 14601, individuals are prohibited from operating a motor vehicle when their driving privileges have been suspended.
Violators of this law can face misdemeanor charges, leading to three years of informal probation, court-imposed fines, and a jail sentence ranging from five to 180 days. Moreover, a conviction can result in the DMV accumulating points on the offender's driving record.
Driving Without Insurance
Driving without auto insurance in California is a violation of the law. As the California Vehicle Code Section 16028 mandates, all individuals driving a motor vehicle on state highways must have proof of financial responsibility, typically in the form of auto insurance, at all times when driving.
If caught driving without insurance, violators can face fines ranging from $100 to $200 and penalty assessment fees. For subsequent offenses, the fines increase to $200 to $500, along with penalty assessment fees.
Tailgating
Tailgating, a commonly used means of expressing driver frustration, is against the law in many states, including California.
According to the California Vehicle Code Section 21703, tailgating, which involves following another vehicle too closely, is strictly prohibited.
Offenders who engage in this traffic offense may face an infraction charge, resulting in a fine of $238, along with additional court costs. Furthermore, individuals found guilty of tailgating will incur points on their driving record.
Red Light or Stop Sign Violation
A red light or stop sign violation occurs when a driver fails to stop at a red light or neglects to come to a complete stop at a stop sign. This reckless behavior can easily lead to accidents, as unsuspecting drivers may not anticipate a vehicle entering the intersection.
In California, drivers caught violating red lights or stop signs can face tickets and fines. Running a red light carries a base fine of $100 while failing to stop at a stop sign carries a base fine of $35. These fines, however, are just the starting point, as additional fees and surcharges may apply.
Unsafe Lane Change
An unsafe lane change refers to any maneuver that poses a risk to fellow drivers. Such actions range from neglecting blind spot checks to abruptly merging and cutting off other vehicles. Not only is this behavior discourteous, but it also violates California road rules due to its potential for accidents.
Unsafe lane changes can lead to rear-end collisions, sideswipes, and even multi-car pileups. In the most severe cases, it can result in loss of life. The consequences of this violation include a $238 fine and court fees. Moreover, this infraction can add points to one's driving record.
How Does California's DMV Point System Work?
The California DMV point system, legally known as the Negligent Operator Treatment System (NOTS), is a program that imposes penalties on drivers based on their negligent operator points. This system applies to drivers in California who are 18 years of age or older, as well as younger provisional drivers who violate provisional probation or suspension.
Under this program, drivers who are found responsible for a collision or a traffic violation are assigned negligent operator points ranging from zero to three.
The DMV assigns one point to convictions related to the safe operation of a motor vehicle on the highway. This includes violations such as speeding, unsafe lane changes, running red lights, ignoring stop signs, and driving unsafe cars.
Meanwhile, two points are assigned for more severe violations that increase traffic safety risk. Examples of these two-point convictions include hit-and-run, DUI, driving on the wrong side of the road, and racing.
In cases involving major convictions, particularly in commercial vehicle incidents, three points are typically assigned. These major convictions carry significant weight and can have severe implications for the driver.
Penalties For Accumulating Points in California Driving Record
The California DMV diligently monitors driving records to guarantee that licensed drivers stay within the allowed number of points on their California driving records. Upon exceeding this limit, the DMV takes action by penalizing drivers who accumulated enough points in their driving records.
If individuals gather four points within 12 months, six points within 24 months, or eight points within 36 months, the DMV will issue a six-month license suspension.
In addition to license suspension, drivers accumulating excessive points on their California driving records may face costly fines and potential jail time. They may also have heightened insurance rates, as insurance providers typically consider individuals with more points as higher risks.
Ways to Reduce Points in California Driving Record
Points can remain on a California driving record for a considerable time, impacting one's driving history. For common moving violations, points typically stay on the record for three years. Meanwhile, more severe violations, such as a DUI or hit and run, result in points that persist for ten years.
It takes years for points to be removed entirely from a California driving record. However, individuals can take proactive steps to maintain a clean record and reduce points on their driving records.
The first and most important strategy is driving safely and avoiding further traffic violations. Each new violation adds more points, making removing the points from the records more difficult.
If one suspects that a ticket or violation on their record is unjustified or inaccurate, they can request a correction or dismissal from the court. This step can help prevent the addition of undeserved points on the driving record.
Another effective method is enrolling in a DMV-approved traffic school and completing a defensive driving course. This option is the primary means of removing points from a California driving record since it removes points upon completion and helps prevent insurance rates from increasing.
To locate a state-approved traffic school, individuals can utilize the Traffic Schools OLL provided by the CA DMV.
What Is the Process for Handling Traffic Tickets in California?
In California, there are several methods for handling traffic tickets effectively. People can pay the fine, participate in state-approved traffic school, or challenge the ticket in court. However, the process for each option differs, and it is crucial to navigate them diligently to guarantee adherence to state regulations and minimize potential repercussions.
Pay the Ticket
When individuals decide to pay a traffic ticket in California, it is crucial for them to understand that they are essentially admitting guilt. This admission of guilt will result in points being added to their driving record.
To pay a traffic ticket, one should carefully review the ticket, notice from the court, or the court's website to obtain specific instructions on how to make the payment.
Typically, individuals can pay in person at the county courthouse where the violation occurred, send the payment by mail, or utilize the court's online payment portal, if available.
If individuals cannot pay the total amount of the ticket, they can ask the court to lower the fine, request additional time to pay, or even propose community service as an alternative. But, this course of action requires detailed information about one's financial situation.
To avoid further penalties such as civil assessment fees or the issuance of an arrest warrant, individuals must pay the ticket by the specified due date.
Enroll in a California Traffic School
Enrolling in a California traffic school when dealing with a traffic ticket can benefit eligible individuals.
To determine eligibility, individuals should refer to the notice received from the court. Typically, one can attend traffic school if they possess a valid driver's license, the ticket is related to a noncommercial vehicle, and they haven't attended traffic school in the past 18 months.
If deemed eligible, individuals should contact the court and express their desire to enroll in traffic school. The court clerk or judge will then provide instructions for ticket payment and establish a deadline for completing the traffic school.
Afterward, individuals can choose a state-approved traffic school by utilizing the Traffic Schools OLL provided by the CA DMV. Upon enrollment and completion of the traffic school course, individuals should promptly inform the court of their completion to prevent any points from being added to their driving record.
Contest the Ticket
Contesting a traffic ticket in California allows individuals to request a trial before the specified due date mentioned in the court notice.
California provides two types of traffic ticket trials: a trial by written declaration or a court trial conducted in person or remotely.
For those unable to attend or prefer not to appear in court, a trial by written declaration is an option. This process involves submitting a written statement, along with any supporting evidence, to the court to explain the circumstances surrounding the ticket.
Alternatively, a court trial entails appearing in person at the designated court or participating remotely through phone or video, depending on the court's procedures.
Note that juries are not involved in traffic ticket trials. Instead, a judge or commissioner associated with the court determines the individual's guilt or innocence.
If found not guilty, the citation is dismissed. However, if the court does not find the arguments convincing, individuals may be deemed guilty and required to pay the full fine while accepting points on their driving record.
How Are Accident Reports Handled in California?
According to California law, individuals must report any traffic collision that results in death, bodily injury, or property damage exceeding $1,000. This can be done by filing a Report of Traffic Accident Occurring in California (SR-1) to any DMV location.
Similarly, it is crucial to notify the police or CHP about the accident immediately. If contacting them at the scene is impossible, the notification must be made within 24 hours.
When filing the accident report, specific details are required. These include the following:
- Involved driver's name
- Contact information
- Driver's license number
- Vehicle license plate
- Vehicle identification number (VIN)
Furthermore, the report should include the date and location of the accident, a description of what occurred, and information regarding any injuries or property damage.
Typically, insurance companies rely on accident reports to determine fault and liability, which directly impacts claim payouts. Additionally, if a personal injury lawsuit needs to be filed, the accident report serves as crucial evidence to support the case.
To obtain copies of the official accident report, individuals can approach the local police department or CHP office that responded to the accident. However, obtaining these reports is associated with a small fee, and the processing time can take several weeks.
What Should Drivers Know about Traffic-Related Arrests in California?
Traffic-related arrests in California can be caused by violations such as DUI, reckless driving, hit-and-run incidents, etc.
If a driver is pulled over for a traffic violation, the officer may detain and question the driver and ask for the driver's license, registration, and proof of insurance. If there is probable cause to believe a crime has been committed, the officer can proceed with an arrest.
It is essential for drivers to be aware of their rights if arrested during a traffic-related incident. These rights include the privilege to remain silent and refuse to answer any questions without the presence of an attorney. Additionally, the driver has the right to make a phone call within a reasonable time after the arrest and the right to be brought before a judge within 48 hours.
The consequences of a traffic-related arrest in California can be significant. These include:
- Criminal charges
- Substantial fines and fees
- Suspension or revocation of the driver's license
- Increased auto insurance rates
- Damage to employment and professional reputation
To mitigate the impact of a traffic-related arrest in California, seeking the guidance of a criminal defense attorney is highly recommended. An attorney can provide valuable advice regarding legal rights, assist in navigating the complexities of the court process, and work towards minimizing the potential consequences.
Furthermore, drivers can contest the charges through a trial or participate in a diversion program to avoid conviction on driving records.