California Traffic Violation Records

The California Department of Department of Motor Vehicles maintains traffic violation records in the state. However, it is also possible to obtain traffic violation records from the superior courts.

California authorities continue to monitor traffic incidents and ensure that violations of traffic regulations in the state are severely punished. This has contributed to lower speeding ticket numbers. Compared to the national average of 10.54%, only 7.71% of drivers on California roads have a prior speeding violation record recorded by the state DMV.

Traffic violations may significantly impact a person's driving record, leading to higher insurance rates, license suspensions, and even difficulty in obtaining jobs that require driving.

Are Traffic Violations Records Public in California?

Traffic violation records are maintained by the California Department of Motor Vehicles and are generally considered public records. Records maintained by the California DMV include infractions (such as running a red light and speeding), misdemeanors (such as DUI and reckless driving), and felonies (such as vehicular manslaughter).

Typically, full driving records are not public information as access to complete records is limited under the federal DPPA (Driver's Privacy Protection Act). However, traffic violations, such as felonies and misdemeanors, requiring court appearance are handled by the California superior courts. Hence, records of such violations are usually public and may be accessed in person at the court where the case was filed or online via the county superior court's website.

How To Look Up Traffic Tickets?

You may look up traffic tickets in the state by performing a search via the website of the county superior court in the jurisdiction where the ticket was issued. The California judicial branch website provides a Find My Court resource that the public may use to find the web addresses of courts in the state. On the superior court website, provide the citation number and select the search button to reveal information about the traffic ticket.

Alternatively, since traffic violation records are public records, you may find them on reliable third-party websites like publicrecords.us.

Where Do I Pay Traffic Violations?

Traffic tickets in California are handled at the county office where the tickets were issued. When you get a traffic ticket in California, you will be sent a notification via mail from the superior court in that jurisdiction. The court will include information on the steps to take to pay the ticket. Payment may be done online, via mail, or in person. Note that if the ticket indicates a mandatory appearance, you must appear before the court. The traffic payment page of the California courts website provides further information on paying traffic tickets in the state.

How Much Does It Cost To Request Your Driving Records Online?

Interested persons can access their driving records online through the California DMV website for a fee of $2. Section 350.44 of the California Code of Regulations established the cost of driver records as $2 for each record requested by electronic interface and $5 for records requested by mail.

The California DMV may issue records containing information from the past three, seven, or ten years of driving history, depending on the type of record requested. California driving records include moving violations, convictions for three, seven, or ten years, traffic tickets, accidents, and any departmental actions taken against the driver's license.

What Are Moving and Non-Moving Violations in California?

A moving violation is an infraction that occurs when a vehicle is in motion, whereas a non-moving violation happens when the vehicle is stationary. Examples of moving violations in California are:

• Speeding
• Making an illegal U-turn
• Failure to wear seat belts or child restraints
• Operating a vehicle with malfunctioning lights
• Failure to come to a complete stop
• Failure to yield to emergency vehicles or school buses
• Failure to pull over for a police officer
• Failure to follow right-of-way laws
• Failure to reduce speed in construction areas and school zones

Typically, moving violations typically carry more severe penalties compared to non-moving violations. Penalties for moving violations often include fines, points on your driving record, increased insurance premiums, and in severe cases, license suspension or jail time.

Examples of non-moving violations include:

• Parking in a no-parking zone
• Parking near a fire hydrant
• Parking in a handicapped spot without a valid permit
• Expired registration or tags
• Illegal vehicle modifications

Penalties for non-moving violations in California typically involve fines but do not usually result in points on your driving record. However, unpaid fines for either type can lead to additional penalties, such as increased fees, registration holds, or even collections.

How Long Does DUI Stay on Your Record in California?

Per California Vehicle Code Section 15300, a DUI stays on your record for 10 years in California. A DUI impacts your driving privileges and insurance rates, as insurers classify drivers with a DUI as high-risk, resulting in higher premiums. Unlike criminal records, DMV records remain for the entire ten-year period and cannot be expunged. In addition, a DUI conviction may significantly impact professional licensing in California. Licensing boards, including those for medical, legal, and real estate professionals, require disclosure of criminal convictions such as DUIs.

DUI is considered a serious offense in the state and has significant consequences, especially as it contributes to high accident and fatality numbers annually. Recent statistics indicate that more than 750 male and 150 female drivers lose their lives in drunk driving crashes annually in California. Also, the state records over 350 DUI arrests and 5 DUI road fatalities per 100,000 drivers.

DUI penalties in California include fines ranging from $390 to $1,000, potential jail time from two days to six months for a first offense, and license suspension for six months. However, the state imposes stricter penalties for repeat DUI offenders. According to California Vehicle Code Section 23546, a second DUI offense leads to longer jail sentences and higher fines. A third DUI offense brings even harsher penalties, such as the required installation of an ignition interlock device (IID). A fourth DUI within a decade is considered a felony under Vehicle Code Section 23550.5, which can result in state prison time and severe long-term effects.

Note that while a DUI conviction will stay on your California driving record for 10 years, the arrest and charge information may remain on your criminal record indefinitely unless you can have it expunged.

What Are the Penalties for Breaking the Speed Limit in California?

Speed limits in California are governed by the provisions of Chapter 7, Division 11 of the Vehicle Code. The basic speed regulation in the state mandates that drivers operate vehicles at speeds that are reasonable and prudent, considering factors like weather, visibility, traffic, and road conditions. The California vehicle code specifically prohibits engaging in reckless driving, speed contests, or exhibitions of speed on highways, such as street racing.

The following are the approved speed limits in the state per the California Vehicle Code:

• 15 mph in alleys
• 25 (or 15 if posted) mph near school children's playground, or park
• 24 mph in a residential or business district
• 55 mph on a two-lane undivided highway
• 65 mph (55 mph for trucks) on highways or 70 mph where posted

Speeding violations in California come with varying penalties based on how much the driver exceeds the posted speed limit. Penalties for speeding violations in the state include:

• $35 for driving 1-15 mph over the limit
• $70 for driving 16-25 mph over the limit
• $100 for driving 26 mph or more over the limit

Note that these penalties are exclusive of additional court fees and assessments, which may significantly increase the total amount owed.

Also, a first offense for excessive speeding over 100 mph may result in a base fine of up to $500 and a potential 30-day license suspension. A second offense within three years may lead to higher fines and a longer suspension period. Additionally, participating in a speed contest may attract fines of up to $1,000, possible jail time of up to 90 days, or both. Also, such offenders may face a license suspension ranging from 90 days to six months.

California uses a point-based system to track driving violations. The state assigns one point for standard speeding violations and two points for severe offenses like reckless driving or speeding over 100 mph. Accumulating too many points within a set period may result in a negligent operator designation and potential license suspension by the DMV.

How Long Does a Speeding Ticket Stay on Your Record in California?

A speeding ticket typically stays on your California driving record for 3 years.

How To Appeal A Traffic Ticket?

If you have been issued a traffic ticket in California and must appear in court, you may contest it in the following way:

• Try to delay the trial: If possible, reschedule the hearing to give yourself more time to prepare your case.
• Collect evidence: Strengthen your position with physical proof, such as dashcam footage, GPS data from a smartphone app, or photographs showing an obscured speed limit sign.
• Study speed-measurement devices: Understand the method the officer used to determine your speed and identify any weaknesses. Review instruction manuals for maintenance schedules and potential issues with devices like radar guns.
• Gather witnesses: Bring witnesses to the hearing, including any passengers who were in the car when you received the ticket.
• Prepare our questions: Plan specific questions for the issuing officer, focusing on their memory and training with speed-measurement equipment. Stick to questions with concise answers and avoid asking "why" questions.

However, you should consider hiring a traffic attorney in certain situations, such as if:

• You face severe penalties, such as license suspension or high fines.
• You have multiple violations or a history of traffic offenses.
• You are unfamiliar with the legal process and need professional guidance.
• You believe there were legal errors in your trial that warrant an appeal.

If you were found guilty at a traffic ticket trial, you may appeal the decision by asking an appellate court to review the decision of the traffic court. To appeal, you must file a notice of appeal (Form CR-142) within 30 days of the court's decision. Other steps in the appeal process are published on the traffic appeal page of the California courts website.

How To Resolve an Out-of-State Traffic Ticket?

A traffic reciprocity rule exists between many states in the United States following the Driver's License Compact (DLC). The DLC is an agreement among participating states to share information about traffic violations. Hence, if you receive a traffic ticket in another DLC member state, it will be reported to California, and the offense will be treated as if it occurred in California.

Still, you may contest an out-of-state ticket in the following way:

• Review the ticket details: Carefully examine the citation for deadlines, court location, and fine amounts. Determine if an in-person appearance is mandatory or not.
• Check the state's traffic laws: Research the traffic violation laws in the issuing state to understand the violation and possible defenses.
• Decide how to plead: Choose whether to plead guilty, no contest, or not guilty.
• Request a hearing if required: If the state mandates a hearing to contest the ticket, schedule a court date and prepare your defense.
• Gather evidence for your case: Collect any evidence that supports your defense, such as dashcam footage, witness statements, GPS records, or speedometer calibration reports.
• Consider hiring an attorney: If the violation carries significant fines, points, or potential license suspension, consulting a local traffic attorney may improve your chances of a successful defense.
• Attend the court hearing: Present your argument before the judge and provide supporting evidence. If successful, the ticket may be dismissed or the penalty reduced.
• Follow up on the verdict: If found guilty, check whether you have the option to appeal. If the ticket is dismissed, ensure that it is removed from your driving record

How Does California Traffic Laws Differ From Other States?

While many traffic laws are common across all states, the specifics may vary significantly from one state to another. Hence, assuming that driving regulations would be the same as your home state's when driving in a different state may be dangerous.

Some of California's unique driving laws include the following:

• Speed limits include both absolute and prima facie limits, such as 65 mph on highways and 25 mph in school zones.
• DUI laws enforce strict BAC limits: 0.08% for most drivers, 0.04% for commercial drivers, and 0.01% for individuals under 21, along with an implied consent law for chemical testing.
• Distracted driving laws prohibit the use of handheld cell phones while driving and ban all electronic communication devices for drivers under 18.
• Carpool lanes, known as High-Occupancy Vehicle (HOV) lanes, are designated for vehicles with two or more occupants.