New California Law for Cell Phone Ticket Points on DMV Record
- question from 7/5/2021 by Patrick, filed under Points on Record and DMV Laws
What's the new DMV law for driving while using a cell phone that results in points going on the official driver's record?
I heard on the news that beginning July that you can take a traffic school class for cell phone tickets? I know in the past that talking on a cell phone when driving got you a ticket, but not the kind that goes against the DMV record. But now, as I understand it, you will get a point on your DMV record if you get 2 cell phone tickets, is that right?
I'm just trying to understand what kind of cell phone ticket goes on my driving record. Also, how do I get rid of the point if I do get the new cell phone ticket?
Also, can you please clarify how the points on my driving record can lead to my license being cancelled?
Thank you, please reply by email is best.
Good afternoon Patrick,
Thanks for reaching out! You are correct that a new California law went into effect July 1st, 2021 concerning cell phone moving violations. The law can be confusing, so hopefully this helps to clear it up:
Prior to July 1st, points were not given for cell phone violations, regardless of how many were received, so drivers could not take traffic school for cell phone tickets.
How to Get the Point Off Your Driving Record:
As far as getting approval from the court to take traffic school for cell phone tickets, the court listed on your traffic ticket will determine the process allowing you to opt in for traffic school for a cell phone ticket, and also will charge you a court admin fee. Keep in mind that the court may not know about previous cell phone violations you received, so it will be your responsibility to determine if you are fully eligible for traffic school to have the point removed because you received a previous cell phone ticket within 3 years (36 months).
Remember, to have the cell phone point removed from your record with traffic school, you have to receive TWO cell phone tickets in a 3 year period.
If you were to receive a THIRD cell phone ticket, then you would not be eligible to take traffic school unless 18-months have passed since you last attended traffic school for the second cell phone ticket.
Why You Don't Want Points on Your DMV Record:
The California DMV can suspend your driver's license if you get:
- Four points within 12 months
- Six points within 24 months
- Eight points within 36 months
So, if you were to receive a single cellphone ticket on or after July 1st of this year and you had no other cellphone tickets within 3 years, then no point would go on your record, and you would not need to take traffic school. A point would only be added to your record if you received TWO cell phone tickets, with one being on or after July 1st and both of those tickets occurring within 36 months of each other (citation date to citation date).
Kind of confusing, but hopefully this makes some sense of the new law. Please don’t hesitate to reach out to us directly if you have any additional questions or want more clarification.
Thanks Patrick and have a wonderful day!
California DMV License #E1393
* This question and answer may have been modified to remove any identifying personal information of the person asking the question.
** The information contained within this FAQ is up to date as of 7/5/2021. We always recommend that you get the latest information available by contacting TrafficSchool.com, the DMV, or Court directly.
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