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  1. #1
    Join Date
    May 2009
    Posts
    3

    Default Four Points on Driving Record. I Think

    My question involves a driver's license issued by the State of: CA.

    A friend of mine had a traffic violation at a stoplight. I believe he had 1 point added onto his record for that. About 7 months later, he got a DUI in which he was convicted for two things.. I'm assuming he has 4 points altogether now. He got his first point in 2008, and his next 3 in 2009... Does this make him a negligent driver since the points were within 12 months? Or does it go by year?

  2. #2
    Join Date
    Jun 2007
    Posts
    636

    Default Re: Four Points on Driving Record. I Think

    Last time I knew when I was living in CA. DUI is 6 points.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,320

    Default Re: Four Points on Driving Record. I Think

    Points are evaluated over a 36 month period. And DUI per 23152(a) or (b) is two points.

    Per CVC 12810.5, " a person whose driving record shows a violation point count 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."

    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  4. #4
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Four Points on Driving Record. I Think

    Also to add, points are added to the driver's record based on the violation date not conviction date.

    At any rate, 1 violation point in 2008 + 3 violation points 7 months later (in 2009) would certainly make "your friend" a negligent driver.

    Assuming the DMV has the correct address for him, he should receive a letter notifying him of the pending suspension as well as information about how he can request a DMV hearing where he can have the decision to suspend reviewed and possibly reversed.

    The order of suspension will also notify him that his driving privilege will be suspended for a six month period and that he will be placed on a one year probation (both beginning on the suspension date) during which he cannot have any driving violations or at fault accidents.

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