🥝GuideKiwi
Free Guide

Learn How DMV Traffic Violations Work and Next Steps

Understanding DMV Traffic Violations and How They Work A DMV traffic violation occurs when a driver breaks a traffic law while operating a vehicle on public...

GuideKiwi Editorial Team·

Understanding DMV Traffic Violations and How They Work

A DMV traffic violation occurs when a driver breaks a traffic law while operating a vehicle on public roads. The DMV (Department of Motor Vehicles) doesn't issue violations themselves—instead, law enforcement officers such as police and highway patrol officers issue citations for traffic violations. However, the DMV maintains records of these violations and uses them to track driver behavior, assess insurance risk, and make decisions about license suspension or revocation.

Traffic violations fall into two main categories: moving violations and non-moving violations. Moving violations happen while a vehicle is in motion, such as speeding, running a red light, or improper lane changes. Non-moving violations occur when a vehicle is parked or stationary, such as parking in a no-parking zone or expired registration. According to the National Highway Traffic Safety Administration, approximately 41 million traffic citations are issued annually in the United States.

When an officer stops a driver, they document the violation on a citation or ticket. This ticket contains specific information about what law was broken, the location, date, and time. The ticket also explains your options for handling the violation. Most citations include information about paying a fine, contesting the ticket in court, or attending traffic school. Understanding these options is important because different choices lead to different consequences for your driving record and insurance rates.

The severity of a violation affects how the DMV treats it. Minor infractions like a parking ticket may not appear on your driving record. However, more serious violations like reckless driving, driving under the influence (DUI), or hit-and-run incidents can lead to license suspension, mandatory court appearances, and significant fines. The DMV uses a point system in most states to track violations over time. In California, for example, violations stay on your record for three years, and accumulating four points in 12 months can result in license suspension.

Practical Takeaway: When you receive a traffic citation, read it carefully and note the violation code, the court information, and the deadline for responding. This information determines your next steps and available options.

The Point System and How Violations Affect Your Driving Record

Most states use a point system to track traffic violations on your driving record. When you receive a citation for certain violations, points are assigned to your license based on the severity of the infraction. These points accumulate over time and influence whether your license remains valid. The point system serves as a way for the DMV to identify and monitor drivers who frequently violate traffic laws, potentially making them a danger to others on the road.

Different violations carry different point values. For example, speeding 1-15 miles per hour over the limit might result in one point, while speeding 16-25 miles per hour over the limit could result in two points. More serious violations like reckless driving may result in four or more points. If you accumulate too many points within a specific timeframe—typically 12 to 36 months depending on your state—the DMV may suspend or revoke your license. In many states, accumulating 12 points in 12 months triggers a license suspension hearing.

Your driving record is a permanent document maintained by the DMV that shows your traffic history. This record includes citations, convictions, suspensions, and other violations. Insurance companies review driving records when determining your insurance rates and whether they want to insure you at all. A single violation can increase insurance premiums by 15-30%, and serious violations can cause companies to drop you entirely. According to the Insurance Information Institute, a speeding ticket for going 16-25 mph over the limit increases insurance costs by an average of $230 per year.

The length of time a violation stays on your record varies by state and violation type. Traffic infractions typically remain for three to five years, while DUI convictions may stay for seven to ten years or longer. Some states have lookback periods that determine which violations count toward license suspension. For instance, if your state has a three-year lookback period, only violations from the past three years count toward your point total. This means an old violation may still appear on your record but won't affect your current point total.

Practical Takeaway: Obtain a copy of your driving record from your state's DMV to understand what violations appear and how they affect your point total. You can typically request this online or by mail, and many states offer this service for a small fee.

Types of Traffic Violations and Their Consequences

Traffic violations range from minor infractions to serious criminal offenses, each with different consequences. Understanding the category of your violation helps you know what to expect regarding fines, license suspension, and insurance impact. Infractions are the least serious violations—they're not considered crimes, and you typically won't face jail time. Common infractions include speeding, improper turns, and parking violations. Many infractions are handled through payment of a fine, often without needing to appear in court.

Misdemeanor traffic violations are more serious than infractions and are considered criminal offenses. These include reckless driving, driving with a suspended license, and hit-and-run incidents. Misdemeanors can result in fines ranging from $200 to several thousand dollars, jail time (typically up to one year), license suspension, and a permanent criminal record. For example, reckless driving convictions stay on your record permanently in many states and significantly impact insurance rates and employment opportunities.

Felony traffic violations are the most serious category and typically involve serious injuries, deaths, or repeat offenses. These include vehicular assault, vehicular manslaughter, and felony DUI (usually a fourth DUI within ten years). Felony convictions can result in years of imprisonment, substantial fines, permanent license revocation, and long-term impact on your ability to find employment or housing. According to the Bureau of Justice Statistics, approximately 37,000 people are arrested for felony traffic offenses annually in the United States.

DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) violations deserve special attention because they carry severe consequences. A first DUI offense typically results in a fine of $500-$2,000, license suspension for three to six months, mandatory substance abuse education, possible jail time, and ignition interlock device installation. Subsequent DUI offenses within a certain period escalate significantly in severity. National data shows that approximately 37 million Americans admit to driving under the influence of alcohol each year, yet only about 1.5 million are arrested.

Practical Takeaway: If you receive a citation, determine whether it's an infraction, misdemeanor, or felony by reading the citation or researching your state's traffic laws. This classification determines what steps you should take next and whether you need legal representation.

What Happens After You Receive a Citation

After receiving a traffic citation, you have several options for how to respond, and each option has different consequences for your driving record and insurance. The citation itself contains important information including the violation code, fine amount, court location, and deadline for responding. Most citations give you 30-90 days to respond, depending on your state. Failing to respond by the deadline can result in additional penalties including license suspension, a warrant for your arrest, and increased fines.

The first option is to pay the fine. This is sometimes called pleading guilty or no contest to the violation. When you pay the fine, you're accepting responsibility for the violation, and it will be recorded as a conviction on your driving record. Points will be added to your license, and your insurance company will see the violation. This is the quickest way to resolve a citation, but it has lasting consequences for your driving record and insurance rates. Many people choose this option for minor infractions like parking tickets or low-speed violations.

The second option is to contest the citation in traffic court. This means you dispute the officer's claim that you violated the law. When you contest a citation, you'll appear before a judge and have the opportunity to present your side of the story. The officer who issued the citation will also present their evidence. If the judge determines the officer's evidence isn't sufficient to prove the violation, the citation may be dismissed and nothing will appear on your record. However, if the judge finds the violation proven, the same consequences apply as if you paid the fine. Court hearings typically occur within 30-60 days of your request.

The third option, available in most states, is to attend traffic school (also called traffic violator school or defensive driving school). This option is typically only available for minor infractions, and you usually must request it at the time of citation or shortly after. Traffic school involves completing

🥝

More guides on the way

Browse our full collection of free guides on topics that matter.

Browse All Guides →