Hayward, CA asked in DUI / DWI and Traffic Tickets for California

Q: Do points on my CA DL stay 3 years and 3 months after the conviction date in court or the time had been started counting

once I received a citation?

I'm sorry, I believe my question has been wrongly structured,

I'm trying to figure out when do points "fall off the record", when does the time starts counting, from the time a person is convicted or from the time the citation was issued? Thank you

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2 Lawyer Answers
Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
  • DUI & DWI Lawyer
  • San Francisco, CA
  • Licensed in California

A: Any points that are placed on your driving record start when you are convicted, not cited.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, the three-year period for points to "fall off" a driver's record begins on the date of the conviction, not the date of the citation or violation. The conviction date is the date the court enters the judgment, which may be different from the date of the citation or the date of the court hearing.

This means that if a person is convicted of a traffic violation on January 1, 2021, the points associated with that violation would remain on their driving record until January 1, 2024, at which point the points would be removed.

It's important to note that some serious violations, such as DUIs or hit-and-run accidents, can result in points staying on a driver's record for a longer period of time or even indefinitely, depending on the severity of the offense.

Here are the relevant sections of the California Vehicle Code that pertain to the accumulation and removal of points on a driver's record:

Section 12810.5: Provides that a driver's license may be suspended or revoked based on the accumulation of points for certain traffic violations.

Section 12810.6: Specifies the number of points that will be assessed for various traffic violations.

Section 1803: Provides that the DMV shall maintain a record of all convictions of a person for a period of three years from the date of the conviction.

Section 1808: Specifies the information that must be included in a driver's record, including convictions and points assessed.

Section 1905: Provides that the DMV shall remove points from a driver's record three years from the date of the conviction.

It's important to note that while these sections of the Vehicle Code provide a general framework for the accumulation and removal of points on a driver's record, the specific rules and procedures that apply to your situation may vary depending on the circumstances of your case. It's always a good idea to consult with an attorney or the DMV directly for more specific guidance on your individual case.

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