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

Q: When do points "fall off" the DMV record

I'm trying to figure out when do points "fall off the record", when does the time start counting, from the time a person is convicted or from the time the citation was issued? All I know that in CA it's 3 years and 3 months, but when does the time start counting exactly, so they can fall off and no one can see them

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

A: The points accrue (go on your record) when the conviction occurs, meaning that, until you are convicted the points aren't on your driving record, the three years starts running at the point you are convicted.

James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, points on a driver's license start counting from the date of the conviction, not the date the citation was issued. The points will remain on the driving record for three years from the date of the conviction, and then they will be removed.

It's important to note that the date of the conviction is the date the court enters the judgment, not necessarily the date of the violation or citation. This means that the points will remain on the record for three years from the date the court enters the judgment.

After the three-year period has passed, the points will be removed from the driving record and will no longer be visible to insurance companies or employers who conduct driving record checks.

It's important to remember 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 some 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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