How Point-Stacking Works

Section 12801(j) provides that a "conviction for only one violation arising from one occasion of arrest or citation shall be counted in determining the violation point count for" negligent operator purposes. Thus, if a motorist makes an illegal left turn by running a red light, the Department of Motor Vehicles may not stack the point for the illegal turn on top of the point for running the red light. That one incident results in only one point on the motorist's record.

However, Section 12801(j) limits only the stacking of points for violations; it does not mention accidents. Thus, DMV routinely stacks one point for an at-fault accident onto any other points associated with the driving incident. Thus, an at-fault accident where the driver is later convicted of DUI will result in one point for the accident and two points for the DUI. And DMV often assigns multiple accident points if a motorist collides first with one object or vehicle and then with another.

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The Fine Print

Section 12801(j) provides that a "conviction for only one violation arising from one occasion of arrest or citation shall be counted in determining the violation point count for" negligent operator purposes. Thus, if a motorist makes an illegal left turn by running a red light, DMV may not stack the point for the illegal turn on top of the point for running the red light. That one incident results in only one point on the motorist's record.

However, Section 12801(j) limits only the stacking of points for violations; it does not mention accidents. Thus, DMV routinely stacks one point for an at-fault accident onto any other points associated with the driving incident. Thus, an at-fault accident where the driver is later convicted of DUI will result in one point for the accident and two points for the DUI. And DMV often assigns multiple accident points if a motorist collides first with one object or vehicle and then with another.

Sources

12810(j)

See Also