Fresno Criminal Defense Attorney | Fresno DUI Attorney Serving all of California

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Many people call my office regarding traffic tickets collisions and other related traffic questions.  Below I will answer some of those questions and even how you can avoid some of these offenses.  If after reading this article you have any questions do not hesitate to give us a call.  559 441-1418. 

If you get a traffic offense or are involved in an "at fault accident" you could increase your chances of having your license suspended or revoked.

WHAT IS A POINT AND HOW DOES IT AFFECT ME?

Tickets and accidents are assigned points.  Each incident is assigned a point.  Depending on the type of traffic ticket, you can get from 1-2 points for a traffic ticket 1 point for an accident. 

EXAMPLES OF POINTS

If you get a ticket for speeding, running a red light, making an unsafe lane change, or having an at fault accident, a point will be placed on your driving record.  

If you are convicted for reckless driving, hit and run, driving under the influence of alcohol/drugs, or driving while suspended or revoked, you will recieve two points on your driving record. 

HOW DOES DMV MONITOR YOUR DRIVING RECORD

DMV keeps a record of all traffic convictions and accidentss.  Each traffic violation and/ or accident is assigned a point on your driving record.  Your driving record is public information and anyone even a parent or guardian if you are underage can look up your driving record. All they need is to submit a form and pay the applicable fee. 

WHAT IF YOU ARE A MINOR WITH A PROVISIONAL LICENSE?

The department of motor vehicles will be watching your driving record very closely while you have a provisional license.  The department of motor vehicles will take action based upon the accidents or violations that appear on your driving record.  Here is what will happen: 

If you have one at fault accident or conviction within 12 months, the DMV will send you a warning letter. 

After a second at fault accident conviction (or a combination of both) within 12 months, you cannot drive for 30 days unless accompanied by your parent or other licensed adult who is at least 25 years of age. 

After a third "at fault" accident or conviction (or any combination) whithin 12 months, you will be suspended for six months and placed on probation for one year. 

If you have additional "at fault" accidents or point counts convictions while your driving privilege is on probation you will be suspended again.  (traffic law violations recieved in juvenile court are also reported to DMV.) 

If you are convicted of using alcohol or a controlled substance and you are between the age of 13-21, the court will tell DMV to suspend you for one year.  If you don't have a drivers license yet, the court will tell the DMV to wait a year longer before you can apply for a license.  You can also be required to go to a DUI program.  

Any restriction, suspension or probation will continue past your 18th birthday for its full term. 

Other stronger actions may be taken if your driving record justifies them.  Remember, when your driving privilege has been suspended or revoked you may not drive in Calfornia wiht any license or permit. 

AFFECT OF VANDALISM ON YOUR DRIVERS PRIVILEGE

Vandalism is defacing property with paint or any other liquid or by scraping or writing on any surface.  The court will suspend, restrict, or delay for one year the driving  privilege of a minor age 13 years or older.  

Adult drivers will also have there drivers privilege suspended for one year if convicted of a similiar acts of vandalism. 

HABITUAL TRUANT PERSONS 13-18

The court will suspend, restrict, delay, or revoke, your driving privilege for one year if you are convicted of being a habitual truant from school.  

POSSESING A FIREARM

The court will 

suspend or revoke the driving privileg of any minor convicted of possesing a concealable weapon or live ammunition or 

impose driver license sanctions for minors convicted of misdemeanors involving firearms. 

HOW LONG DOES A POINT STAY ON MY DRIVING RECORD?

The length of time depends upon the severity of the offense.  Most points (illegal turn etc. not making a complete stop, driving over the limit etc) and/or accidents will stay on your record for 39 months (3 years 3 months) Points for more serious offenses, such as hit-and-run or a DUI  will stay on your record for 13 years.  

having points on your driving record affects how much you will pay for insurance and other things.  

If you have any questions give us a call 559441-1418.

 

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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Law Office of Gerald Schwab, Jr.
Fresno Criminal Defense Attorney
5588 N Palm Ave,
Fresno, CA 93704
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