California Traffic Violations

In California, a traffic violation happens when someone driving a car does not follow specific rules set by the Vehicle Code, local laws, or other regulations. To avoid costly fines and legal issues, California drivers should understand what counts as a traffic violation, the most common types of offenses, how penalties and license points are applied, and how to check their official driving records.

What Is Considered a Traffic Violation in California?

In California, a traffic violation refers to any breach of traffic laws. This happens when someone driving a vehicle does not adhere to specific rules established by the Vehicle Code, local regulations, or other laws. Traffic violations in California are classified as either infractions or misdemeanors based on the type of offense. Examples of infractions can include speeding, expired vehicle registration, and driving a vehicle that needs repair.

On the other hand, misdemeanor traffic violations include hit and run, reckless driving, and driving under the influence. Note that the traffic court does not handle misdemeanors. These types of traffic offenses are heard in the Criminal Courts.

Types of Traffic Violations in California

There are many kinds of traffic violations in California, including:

• Speeding.California Vehicle Code 22348 VCsets the penalties for speeding over 100 miles per hour on a freeway. Offenders could face fines of up to $1000 and receive two points on their driver’s license. In some situations, the offender's license may be suspended.
• Offenses relating to traffic devices.These offenses count as a moving violation, which adds one point to your record. County superior courts manage these cases.
• Driving without a license / while suspended.Driving without a valid license can be considered either a misdemeanor or an infraction. If it is treated as a misdemeanor, you could face up to six months in jail and a $1,000 fine. On the other hand, if it is classified as an infraction, the highest fine you could get is $250. This violation might also lead to further actions from the DMV.
• Proof of insurance violations.According to §16028, drivers must show proof of financial responsibility when asked by an officer or after an accident. Failure to do so can lead to a citation.
• Reckless driving. Reckless driving is considered a misdemeanor according to §23103. The DMV assigns more points for this driving offense.
• Hit-and-run incidents, where the driver leaves the scene with only property damage, are classified as misdemeanors. However, cases involving injury or death are treated as felonies. Being convicted can lead to actions against your license.

Traffic Violation Penalties in California

California's DMV assigns negligent operator points for moving violations. Accumulating 4 points within 12 months, 6 points in 24 months, or 8 points in 36 months can lead to a six-month suspension and a one-year probation.

Generally, points stay on your record for 36 months. However, serious convictions are kept for a longer time. The point values differ depending on the offense. For example, while most moving violations are 1 point, reckless driving, DUI, and going over 100 mph are 2 points. The DMV's guidelines and Driver Handbook explain the thresholds and consequences.

Criminal and administrative consequences

• In California, Driving Under the Influence (DUI) is illegal if your Blood Alcohol Concentration (BAC) is 0.08% or higher (0.04% for Commercial Driver's License holders). If you have previous offenses, the penalties may include actions against your license, ignition interlock requirements, fines, and even jail time.
• Reckless driving and hit-and-run incidents are considered criminal offenses. Courts can impose jail time and fines, while the DMV has the authority to suspend or revoke your license if someone gets hurt.
• Using a handheld device while driving is addressed in §23123. The base fines for this are not very high, but if you get repeat violations within 36 months, you could receive 1 point on your driving record. This could lead to a suspension under the Negligent Operator Treatment System (NOTS). Commercial drivers face extra penalties for these violations.

Insurers usually evaluate driver histories from the past 3 to 5 years. As a result, having two-point convictions for offenses like reckless driving, DUI, or going over 100 mph can be really expensive.

Traffic school (masking)

If you qualify, traffic school allows you to hide a conviction for a minor moving violation from public records. This may stop the point from impacting your insurance. General requirements include having a valid non-commercial license, using a non-commercial vehicle, and not having attended traffic school in the past 18 months.

Offenses related to alcohol or drugs and certain speeding violations are not eligible. It is important to note that masking only reduces what the public and insurers can see. The DMV still maintains the conviction record.

How to Search for Traffic Violation Records in California

You’ll typically check two systems:

1. Your driver record (MVR) from DMV.You can order records online through the DMV’s portal. Obtaining a record from the DMV costs $2 online and $5 by mail or in person. This record shows your license status, any convictions, and actions taken by the DMV. If you need someone else's record, you have to use the DMV’s request forms and state the authorized reasons.
2. Your court case (ticket) with the Superior Court. There is no single statewide docket for traffic records in California. To obtain records, interested persons may use the Judicial Council’s Traffic Self-Help pages to locate their county’s portal. Look up or pay a traffic ticket, then search by name/citation. County systems (e.g., Los Angeles, Orange, and Santa Clara) allow viewing due dates, fine amounts, payment options, and requests for a trial/extension.

DMV records usually contain convictions and administrative actions that affect your driving privileges. They typically include points, suspensions, and reinstatements.

Court dockets contain the citation number, the charge (Vehicle Code), events, the outcome, fines/surcharges, and whether you are eligible for traffic school. Note that some records are not available online. You may need to reach out to the clerk for copies of such records.

You can visit or call the Superior Court clerk in the county where you got the ticket (make sure to bring your citation or driver’s license number). For the DMV, you can request your record in person at a field office or by mail using DMV forms.

How Long Do Traffic Violations Stay on Record in California?

Two parallel timelines control visibility and consequences:

• DMV retention. The official retention schedule from the DMV states that most two-point violations, such as DUI, hit-and-run, reckless driving, and going over 100 mph, stay on a public driver record for 10 years. All other convictions usually remain on record for 3 years, which includes violations and at-fault accidents. DUI convictions are kept for 10 years on non-commercial public records according to the California Department of Motor Vehicles.
• Points & suspension exposure. The Driver Handbook notes that traffic convictions and collisions stay on your record “for 36 months or longer, depending on the type of conviction.”

Starting July 1, 2021, anyone who is guilty of a second handheld/device conviction within 36 months would get an additional 1 point on their traffic record.

California does not 'erase' DMV history through expungement. If eligible, traffic school can mask one conviction in any 18 months from public and insurance view. However, the DMV still keeps a confidential record of it. Relief for criminal records does not change DMV administrative history or NOTS points that have already been assigned.