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The Mystic Wave
The Mystic Wave, Paralegal
Category: Legal
Satisfied Customers: 427
Experience:  30 yrs. exp. in the legal profession. Specializing in Personal Injury, Criminal, Civil & more.
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Customer Question

I live in California, would I get a point on my driving record for receiving a ticket for not wearing a seatbelt?
Submitted: 11 years ago.
Category: Legal
Expert:  The Mystic Wave replied 11 years ago.

Greetings Tory:


To my knowledge, according to the Department of Motor Vehicles, specifically, it states that one point is assessed in violation of section(s) 27363, 27363b concerning "child" seat belts (the listing did not state "adult").


Violation Point Assessment


Violation points are assigned to Vehicle Code sections and any other code section, or city or county ordinance, involving the safe operation of a motor vehicle. Any violation occurring as a pedestrian or a bicyclist has no point assigned. The department may suspend and place on probation, or revoke, the driving privilege of a negligent operator.


Per Vehicle Code section 12810.5a, a Class C negligent operator has



  • 4 or more points in 12 months,
  • 6 in 24 months, or
  • 8 in 36 months.

Although a Class A or B driver without a special certificate may be allowed 2 additional points, a violation received in a commercial vehicle carries 1 1/2 times the point count normally assessed (12810.5b VC). A minor, under 18 years of age, may receive a 30-day restriction for 2 points in 12 months, or be suspended for 3 points in 12 months (12814.6 VC).


As of January 1, 2004 the cost of a seat belt ticket more than tripled, and now runs from $78 to $89 on a first offense, depending upon the county. Legislation (AB 1625), authored by Assemblyman John Benoit, allows penalty assessments and court costs to be added on top of a base fine. In essence, what previously cost $22.50 on a first offense will now run more than three times that amount. Drivers will also face penalties if passengers are not safely buckled.


Please contact the DMV to further assist you.


Common California Vehicle Code Violations Used In Negligent Operator Counts


California Office of Traffic Safety: Seat Belt Use


Bright Blessings.


Peace, Love & Happiness,


The Mystic Wave

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