DMV
Why do different DMV offices
treat the same case differently even if they are not supposed to?
DMV complies with the state Vehicle Code. DMV staff
strive to use their best judgment in each situation to insure that the
customer is assisted and that there is conformity with the Code. Training, memos, and manuals have been established to provide consistent
decisions. If inconsistent information is received, it should be brought
to the attention of the DMV office manager. When you contact DMV, always
obtain the name and telephone number of the person providing information to
you.
Failure to Appear
What is a valid excuse for willful failure to
appear?
A valid excuse should demonstrate that your failure to appear was not
deliberate or intentional, including but not limited to the following:
- military duty
- jail incarceration
- medical incapacitation
What proof for willful failure to appear should
I bring to court?
You should provide documents to demonstrate that your failure to
appear was not deliberate or intentional, including but not limited to
the following:
- military orders
- sheriff’s booking or jail release papers
- medical excuse from a doctor or hospital
If I failed to appear in court, how can I have
my matter placed on calendar?
You must bring photo identification to the court and
request that a court date is set for your case.
Will I be put in jail if I failed to appear?
You will not necessarily be jailed for your failure
to appear. Contact the court to determine the
status of your failure to appear and for information on how to proceed.
Failure to Pay Fine
What will happen if I have failed to pay my
fine?
Failure to pay your court ordered fine may result in
the total amount due, plus an added penalty for failure to pay, be
forwarded to an outside collection agency. In addition, the
Department of Motor Vehicles will be notified of your failure to pay and
request a suspension of your driving privilege.
If I have a failure to
appear/failure to pay, can I make payments and still keep my driver’s
license while I’m making payments?
The answer to this would depend on the charges. You can make payments on a
failure to appear and keep your license. On a failure to pay, you must pay in full
in order to keep your license from being suspended. Contact the Court for the status of your case.
Fines
Are there any alternatives to
making fine payments?
Yes. You may pay the fine in full or get a court
order to participate in the sheriff’s work program, work furlough,
home detention, or perform community service through the alternative
sentencing program.
Is there any reduction in
fines/fees for citations, DMV fines/fees, or DUI school fees if I am a
person of low income or indigent? If not, why not?
You may set a court date to appear on your case(s).
Only a judicial officer can grant any reduction in fines. At the time of
hearing, bring all paperwork that describes your financial condition.
Fees for the DUI school are set and collected by the school. The
judicial officer does not have the power to waive these fees. Contact
the school to set up a payment plan.
Will I be put in jail if I get
a ticket and cannot pay?
No. If you receive a ticket and cannot pay in full,
you may request monthly payments. You may also request a court date and
appear to request community service, sheriff’s work program, or home
detention.
Insurance
What is valid proof of insurance?
Valid proof of insurance may be any one of the following:
- A photocopy of the official card issued by an insurance company
showing
name
of the insurance company
policy
number
effective
(beginning and ending) dates of the policy (policy must be in
effect at the time of violation)
name
of defendant or vehicle information (must match person or
vehicle listed on the citation)
- A photocopy of the actual insurance policy providing all of the
above information
- A statement on insurance company letterhead providing all of the
above information
How much will I be fined on an insurance
violation?
If you have had a previous ticket for lack of insurance
and have not obtained any form of insurance coverage, the full amount of
the fine will be imposed on your new ticket.
If you purchased insurance after the date of the
violation and have no previous tickets for driving without insurance,
you may qualify for a reduction in the fine amount. Contact the Court
for specific fine information.
If you have prior insurance convictions, the fine can
be increased.
If you had insurance but did not have proof of
insurance in your vehicle at the time of the violation, a $10 proof of
correction will be imposed.
Can I get insurance if I do not
own a car?
Contact an insurance agent to determine what type of
insurance coverage is available .
License
Do I need proof of insurance to get a driver’s
license?
You do not necessarily need proof of insurance to obtain a driver's
license. Vehicle Code section 16020 requires every driver and
owner of a motor vehicle to establish and have evidence of financial
responsibility in the vehicle at all times.
Proof of insurance is required to register and/or renew your vehicle
registration and it is usually required to clear a driver’s license
suspension or revocation.
How long is an out-of-state driver’s license effective? Does it matter if I am a student or in the
military?
- An out-of-state license is valid until expiration or until you
become a resident of California. Evidence of California residency
includes the following:
- employment in the state
- a California address where you are registered to vote
- a California homeowner’s tax exemption filing
- resident tuition payment at a California college or university
- You are allowed to drive in California with an out-of-state
license for 10 days from the date you establish residency
-
An out-of-state resident who becomes a
student in California is not required to obtain a California driver’s
license
-
Military personnel must have a valid
license in some states. It may be in their home state if California
residency is not established. This does not apply to dependents or
retirees.
-
Military personnel are exempt from
securing a California driver’s license when operating U.S.
government vehicles in the course of their duties. However, this
does not apply if the vehicles operated require commercial
endorsements.
- A member of the U.S. armed forces under the age of 18 has up to 60
days from initial entry into California to apply for a California
driver’s license or a nonresident minor’s certificate.
What is a restricted license and how can I get
one?
When your driving privilege is suspended, a restricted license allows
you to drive under specific conditions, such as to and from employment,
a DUI program, a medical appointment, or during the course of employment.
Restrictions can be court ordered when:
- the driving record is clear (no other action such as a suspension
or revocation exists), and
- the Vehicle Code states that a restriction is available from DMV
or by court order
The Court says I am clear but DMV will not give
me my license. How is this possible?
There are two possibilities:
-
the
documentation from the Court has not yet updated the DMV record, or
-
a new
action or some other action which the court is not aware of may
exist
Suspension and/or Restriction
What do I have to do to get my driver’s
license back once my suspension is over? Is my driver’s license
automatically valid or do I have to do something?
The answer to this question depends on why your driver’s license was suspended or
revoked. Before you can get your license back, DMV may require:
- proof of insurance
- fees
- DUI program completion certificate (on a DUI)
Suspended:
Your license is still valid if it has not expired.
Revoked:
Your license is not valid regardless of expiration date. You must
re-apply and pay for a new driver's license.
If your license was suspended because of medical
reasons and you surrendered your license, DMV will issue a temporary
license and send your regular license shortly thereafter.
Can I get a limited license to drive to and
from work if my regular license is suspended? If so, under what
circumstances?
It depends on why your driver’s license was
suspended. Some restrictions are allowed for financial responsibility,
administrative per se, driving under the influence, and driver safety
suspensions. A restricted or limited license is granted only when
permitted by the Vehicle Code.
The court restricted my license. What do
I need to do to have DMV issue a license to me, and how long is the
restricted license good?
The answer to these questions depend on the reason for the action against your
driver’s license. If the court has authority to grant the
restriction, it is valid if there are no other actions against your
driving privilege. You must meet DMV requirements for the restrictions
to be granted.
In some cases where DMV is not involved and the
Vehicle Code authorizes a court restriction only, the court may retain
the driver’s license and/or send it to DMV.
Can I get a license in another state if my
license is suspended in California and I move out of state?
California and all other states participate in the
"problem driver pointer system" (PDPS). When you apply
for a driver’s license in another state, the system alerts them to any
action against your driver’s license in other state(s). It is up
to the state where you have applied to issue you one of its
licenses. They may not issue you a license until the action is
cleared. You must contact other states for specific rules
pertaining to that state.
How many points can I have
within 1/2/3 years before my license is suspended? Is this
automatic or will DMV take the number of miles I drive a year into
account?
A moving violation or traffic accident for which you
are responsible is given one point. DUI, reckless driving, driving
on a suspended license, and other major violations are given two points
per incident. Your driving privilege will be suspended if you
accumulate 4, 6, or 8 points within the respective 1, 2, or 3 year period.
Points are counted from the date of violation and
generate suspension and revocation actions. As soon as you receive
notification of an action, contact DMV. You will have an
opportunity to request a hearing to contest the action based on the
evidence on record.
After being designated a
habitual traffic offender, what do I have to do to get my license
back? How long is my license suspended or revoked?
A person designated a habitual traffic offender when
convicted of a third or subsequent DUI, or a DUI with a prior
felony DUI, can get his/her license back at the end of the DUI
suspension or revocation.
When negligent operator status is acquired because of
four or more violation points in 12 months, a person is designated as a
habitual traffic offender and must abide by the prescribed suspension or
revocation term of up to one year.
A person designated a habitual traffic offender when
convicted of vehicular manslaughter while DUI, loses his/her driving
privilege for a period of three years from the date of conviction.
Registration/Smog
How do I take care of a registration violation
if I cannot smog my vehicle?
If you receive a citation because your vehicle is not
registered properly and you know it is because the vehicle cannot pass the
smog check, immediately contact the
Bureau of Automotive Repair (BAR) at
1-800-952-5210 for information.
If you receive a citation because your vehicle is not
registered properly and you know it is because of economic hardship,
contact the BAR for an application to determine if you qualify for
financial assistance. If you qualify, you may be eligible for up to $500
for smog repairs.
Under what circumstances, if any, can I
register a car without passing the smog check?
The law provides for the following exemptions:
- 1973 and older year model vehicles
- "title only" or "transfer only" applications
- vehicles being transferred for the purpose of being wrecked or
dismantled
- motor driven cycles and motorcycles (the California Air Resources
Board requires inspection of emission labels for all 1998 and newer
off-highway motorcycles and all-terrain vehicle with an engine
displacement of 90 cc or more)
- any two-cycle powered vehicle or any two-cycle vehicle
- implements of husbandry
- diesel powered vehicles
- forklifts
- horseless carriages and historical vehicles
- vehicles altered prior to August 31, 1969, to use a fuel other than
gasoline or diesel
- special construction equipment (excluding dump trucks)
- vehicles of a body type that present prohibitive inspection
problems as determined by the Bureau of Automotive Repair
- cranes
- concrete/transit mix/cement mixers
- golf carts
- street sweepers
- any vehicle powered solely by electrical energy (solar power is
considered electrical)
- heavy duty vehicles weighing 14,001 unladen pounds or more and
powered by natural gas
Does it matter how much (smog) repairs would
cost?
If it appears as though the cost of repair will be
more than the worth of the vehicle, or if the cost is not affordable, a
smog check vehicle retirement program, operated by the Department of
Consumer Affairs, is available to owners who want to consider
"retiring" a vehicle. Call 1-800-952-5210 for specific
program information and an application.
How do I qualify for exemption
(from too costly smog repairs)?
Information on financial assistance is available toll
free from the
Bureau of Automotive Repair. Call 1-800-952-5210.
Court Dates
When is my court date?
The court will mail a courtesy notice to you at the
address shown on your ticket. The notice will contain court date
information. If the address on your ticket is incorrect, you are
still responsible for contacting the court by the date listed at the
bottom of your citation (your date to appear). If you have not received
a courtesy notice within 1 week of your date to appear,
contact the court at (916) 875-7800.
Can I set a court date for a
relative?
No, if the relative is over the age of 18 years.
Yes, if you are the guardian of a relative under the
age of 18 years.
Can I appear in court for a
relative?
You can appear for a relative for the limited purpose
of informing the court why that relative is not available to appear
on the court date set. The court has discretion whether or not to
accept the excuse and set a new date.
Can I get an abstract for DMV if I come to court?
Yes, after your case has been heard and you have
complied with court orders and the necessary paperwork is completed.
Who will be the judge in the
department hearing my case?
Judicial hearing schedules are prepared in advance
but are often modified depending on the needs of the court. For
that reason, the judicial officer who will be hearing your case may not
be known until the actual day of hearing.
Will the law enforcement
officer who cited me be in court at my first appearance?
No. The officer is not required to appear unless you plead not
guilty and the trial has been set. If a trial is set, a subpoena
will be issued for the citing officer to appear.
Identity
I got a ticket that really
belongs to someone else. How do I clear it?
If you believe that you have received a citation or
notice from the court in error because someone else used your name or
other identification, you should personally go to the court with your
photo identification and request a false impersonation
investigation. If you are unable to personally appear at the
court, contact the court by mail or phone and request that the necessary
paperwork is mailed to you. Complete the forms and return them to
the court for follow-up.
If you received a ticket that resulted in a
conviction, contact the appropriate court immediately. Do not
contact DMV. If an error has been confirmed, the court will notify
DMV on the appropriate form to remove the conviction from your record.
Photo Red Light
How does the photo red light system work?
The following will occur when the light turns red at
a signal controlled intersection with a red light photo system has been installed:
- a photo is taken of the front of the vehicle and front license
plate when the vehicle’s speed and position trip a sensor located
before the intersection
- a photo is also taken of the driver when the vehicle enters the
intersection on a red light
The photo information is submitted to law enforcement
through an automated records database and a citation is mailed to the
registered owner of the vehicle.
Out-of-County
Can I take care of a ticket in Sacramento
that I received in another county?
You must clear the ticket in the county where it was
issued. In some cases, the
ticket can be cleared without your personal appearance by paying the
bail. Contact the court in the county where the ticket was issued
to see if this is possible.
Proof of Correction
Why is there a $10 proof of
correction fee when the officer said there would be no fee?
The $10 proof of correction fee is statutory (Vehicle
Code section 40611) for all correctable violations.
How do I clear a correctable violation?
Correct (fix) the violation, and then contact the law
enforcement agency that issued the citation to arrange for an officer to
verify and sign off on the correction. Present the signed
verification to the court and pay the proof of correction fee to clear
the violation.
Am I responsible for an
equipment violation on a car I am driving that is not mine?
Yes, unless the ticket is issued in the name of the
registered owner of the vehicle you are driving.
What if I have sold the car
that was cited for an equipment violation or it is inoperable?
If you have sold the car or it has become inoperable,
you must set a court date to appear and provide proof of sale or
inoperability to clear the ticket. You should support your case
with any relevant paperwork.
Traffic Violator School
Do I qualify for traffic violator school?
A list of requirements to qualify for traffic
violator school is available on the court’s automated voice
system. Dial (916) 875-7800 to access the system and listen
to the requirements.
Does the TVS fee I pay the Court cover the cost
of traffic violator school (TVS)? How much does TVS cost?
No. The amount paid to the court includes a
statutory $24 TVS fee and a $7 fee that is collected by the court but
paid directly to the agency which administers the TVS program for the
court. Traffic schools also charge a separate tuition that includes
the cost of your completion certificate. The amount of tuition
varies from school to school. Call the school of your choice for
the exact amount of tuition. Home Study/Internet courses are also
available.
Can bail be lowered if I want to go to traffic
school?
Usually not. But if you provide proof of financial hardship,
the court in its discretion may lower the bail amount.
Will traffic school keep a ticket off of my
record?
Yes, if you attend and complete a licensed traffic school program and
submit a completion certificate to the court within the time
allowed. This will keep a point off your record.
Warrants
How many warrants do I have?
Contact the court at (916) 875-7800 or the warrant division of the Sacramento
Sheriff’s Department to obtain warrant information.
Why was I not notified of the warrants on my
record?
At the time a warrant is issued, a notice is generated and mailed to
the address on record. If the address is not correct, the notice
will be mailed to the wrong address and returned as undelivered.
Do I have to wait and be arrested on a warrant
and go to jail? Is there a way to clear the warrant by phone or
mail?
Most traffic warrants can be cleared by paying the amount due by mail
or by appearing in court. If you know that you have an outstanding
warrant, do not wait to be arrested. Contact the court for
information on how to clear it.
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