Careless Driving and its Consequences

Damage to or Loss of vehicle

Collision repair costs can be overwhelming if you are in an accident and need your vehicle repaired. Crashes don’t have to be very serious for the repairs’ price to be extremely costly. How long will the repairs take? This depends on the amount of damage that was done. Simple fender benders can take 48 hours or less.

In contrast, a more far-reaching collision repair may take weeks to a few months to get everything back to a pre-crash state. Some shops do have loaner vehicles that can be used during the repair time. However, these vehicles are not always included as a part of the repair costs and may have to be rented.

If your accident is covered by the insurance company, then they will compensate for the extra costs. If it is not covered, then you will have to pay for the additional costs. If the collision has caused a total loss of your vehicle, there is an additional expense and time involved to purchase another car.

INJURY OR DEATH TO YOU, PASSENGERS, AND/OR OTHERS

The NHTSA reports that during 2015, there were a total of 35,092 traffic fatalities in the estimated 6.3 million police-reported motor vehicle traffic crashes; 2.44 million people were injured, and 4,548,000 crashes involved property damage only. An average of 96 people died each day in motor vehicle crashes in 2015—one every 15 minutes.

POSSIBLE AUTO INSURANCE INCREASE

Collisions and traffic infractions will have an impact on your insurance rates. Insurance companies impose premiums based on the likelihood of a driver needing to file a claim.

Suppose you have been in a collision or have moving traffic violations on your driving record. In that case, your insurance company might see you as an unsafe driver and impose higher insurance premiums.

FINANCIAL IMPACT/LEGAL ACTIONS/DMV ACTIONS

Costs of collisions are not only for the vehicle damage and increased insurance premiums but could include medical expenses and loss of earnings if you cannot work due to an injury. There may be lawyer fees, court fees, violation fines, license suspension fees, and traffic school fees.

IMPACT ON QUALITY OF LIFE

Your life might be impacted dramatically by a collision, significantly if you are injured or have hurt another person. You will also be organizing your schedule around vehicle repairs or replacement of a vehicle and making alternate driving arrangements to meet your transportation needs.

CONTRIBUTING FACTORS CAN CAUSE COLLISIONS

The vast majority of collisions can be attributed to four factors. Human behavior contributes partially or entirely to over 90% of crashes. Examples of these human factors include driver behavior, visual and auditory acuity, decision-making ability, and reaction speed.

Below are four contributing factors that can cause collisions:

Vehicle Equipment Failure

Loss of brakes, tire blowouts or tread separation, and steering/suspension failure are the most cited types of vehicle equipment failure. With all of the updated technology in newer vehicles, many of these equipment failures are avoided.

A total brake failure is an unlikely event with dual-circuit brake systems and ABS brakes.

Tires need attention regularly. Proper tire inflation, balanced tires, and aligned suspensions can help avoid tire blowouts and suspension failure.

Regular vehicle equipment maintenance and inspections from trained mechanics can virtually eliminate equipment failures.

Roadway Design

Sometimes roadway design may be a contributing factor, but usually not the entire cause of a collision. Roadway design is rarely the cause of a collision. The design of safe road layouts and traffic management systems can be contributed to civil engineers, local governments, state and federal governments, and law enforcement agencies.

The design of roadways includes traffic flow and traffic control devices such as traffic light signals, speed limit signs, yield and stop signs, school and pedestrian crossings, turning lanes, and traffic circles or roundabouts.

Roadway identification signs which give advance notice to drivers of intersections, destinations, hazards, street names, etc., various road surfaces, hazard visibility, and behavioral control devices are also considered in roadway design.

Roadway markings can sometimes disappear under water if there is a big storm. Be careful to pay attention and use common sense at all times.

Road Environment

Road environment maintenance, as with roadway design, may-be a contributing factor in some collisions but is not generally the only factor in a collision. Drivers should always be aware of debris on the road, faded or obscured road signs, potholes, roadway construction, and weather-related road conditions.

Driver Behavior

Driver behavior is deemed to be the primary contributing factor in most collisions. The behavior of the implicated motorist is usually the main cause of the crash.

The driver at fault many times will try to blame road conditions, equipment failure, or other drivers for those accidents.

When the facts are accurately presented, most collisions are caused by excessive speed, distracted and aggressive driving behavior, drowsy driving, inexperienced drivers, and driving under the influence of alcohol.

EXPLANATION OF NEGLIGENT OPERATOR TREATMENT SYSTEM (NOTS)

The Negligent Operator Treatment System (NOTS) is a system that the DMV has created to log and track traffic convictions and collisions. CVC 12810 requires the department to assign one and two-point convictions to your public driver record if you have any conviction involving the safe operation of a motor vehicle upon the highway.

Negligent Operator Points on the Driver Record

NOTS actions are based on the number of negligent operator “points” drivers add to their driving record within defined time periods. Negligent operator points are added to the driving record upon receipt of conviction notices from courts and reports of responsible collisions from law enforcement which indicate that the driver contributed, was at fault, or was responsible to any degree or in any amount for the collision.

The initial reporting of the responsibility for a collision by law enforcement can be refuted by credible evidence presented by the driver at an administrative hearing. The department shall consider all evidence submitted in reaching a final determination with regard to the driver’s negligent operator status.

Criteria- Traffic convictions are assessed negligent operator point values ranging from zero up to three points. A major conviction when the driver is operating a commercial vehicle is given a three-point count. A responsible collision is counted as a one-point count whether it occurs in a commercial or non-commercial vehicle. The department keeps a public record of all your traffic convictions and collisions. Each occurrence will stay on your record for 36 months or longer, depending on the type of conviction.

A traffic conviction for driving unsafe counts as one point. One-Point Violation examples include the following:

Illegal passing
Speeding
Improper lane use
Collisions in which you are at fault

A mechanical violation may be assigned zero or one point, depending on whether or not it affects safe operation. For example:

0-point conviction – No light on your license plate
1-point conviction – Condition of brakes

There are many more one-point convictions; these are just a few examples. You may go to the DMV website to see a complete list.

One-point violations stay on your record for 36 months.

Two-Point Violation examples include the following:

Evading peace officer/reckless driving
Driving while suspended/revoked
DUI/alcoholic beverage or drugs
DUI/causing bodily injury or death
Hit and run/injury/property damage
Driving wrong side/divided highway
Speed over 100 MPH

These are not all of the two-point convictions. For a complete list see the DMV website.

Most two-point violations stay on your record for seven years with the exception of driving under the influence which stays on your record for ten years.

Remember, this is not a race where whoever gets the most points wins. If you get too many points, you will lose your license.

The more traffic convictions you have, the more likely you are to have a collision.

Under 12810.5 Vehicle Code, the driver is presumed to be a “prima facie” negligent operator. Prima facie evidence is evidence sufficient to establish a given fact and which, if not rebutted or contradicted, will remain sufficient.

You may be considered a NEGLIGENT OPERATOR of a motor vehicle when your driving record shows any one of the following “point counts” regardless of your license class:

4 points in 12 months
6 points in 24 months
8 points in 36 months

If you receive certain convictions while operating a commercial vehicle, you will be charged 1 and 1/2 times as many points.

You may be considered a NEGLIGENT OPERATOR of a motor vehicle when your driving record shows any one of the following “point counts” for Commercial Drivers:

6 points in 12 months
8 points in 24 months
10 points in 36 months

NOTS ACTIONS

The DMV (NOTS) system monitors your driving record and will computer generate warning letters and orders that consist of four levels of actions based on the following criteria:

Level I (Warning Letter):

A warning letter is generated based on the following:

2 points in 12 months
4 points in 24 months
6 points in 36 months

A warning letter may also be sent to a driver when a major conviction is added to the driving record.

Level II (Notice of Intent to Suspend):

A Notice of Intent to Suspend letter is sent to the driver when the following occurs:

3 points in 12 months
5 points in 24 months
7 points in 36 months

A notice may also be sent to a driver when a major conviction is added to the driving record.

Level III (Probation/Suspension):

The driving privilege will be suspended, and an Order of Probation/Suspension will be sent to the driver under the following conditions:

4 points in 12 months
6 points in 24 months
8 points in 36 months

The action is one-year probation which includes a six-month suspension that runs concurrently. The action is effective 34 days from the date the order is mailed.

Violation or Collision During a Period of Suspension While on a NOTS Probation

An additional six-month suspension will be imposed and the probation will be extended for one year from the violation of probation if the following occurs while the driving privilege is suspended:

The driver receives any violation while operating a motor vehicle,

The driver is involved in a collision regardless of fault.

Level IV (Violation of NOTS Probation):

The driving privilege will be suspended and a NOTS Violation of Probation Order will be sent to the driver if any of the following occur:

Any violation or collision occurs during a suspension.
A one or two-point violation or responsible collision occurs during a probation period.
Any Failure To Appear (FTA) or Failure to Pay (FTP) violation during the probation period.
A driver under the age of eighteen years violates provisional probation because of a responsible collision, an FTA or FTP, or any other reportable violation.

First and Second Violation of Probation:

The suspension period for a first or second violation of probation is six months. The probation term will also be extended for one year from the date of the violation.

Third Violation(s) of Probation:

Upon a third violation of probation, a one-year revocation of the driving privilege is imposed.

Driver’s License Suspension:

The DMV takes away your driving privileges for a specified period of time. After the suspension time has passed, the DMV will grant you the privilege to drive again using your same driver’s license.

Driver’s License Revocation:

Your driver’s license is permanently taken away from the DMV. If the DMV allows you to get your driver’s license reinstated, you must take any tests required, pay all fees owed, and fix the problems that caused the revocation.

DUI AND ITS ADDITIONAL IMPACT

Cannabis Use in Vehicles

It is against the law to smoke or eat marijuana-derived products while driving or riding as a passenger in a vehicle. The DMV will assign negligent operator point counts for this violation.

Driving Under the Influence (DUI) and its additional impact:

Each year, thousands of Californians mix alcohol or other drugs with driving and experience injury, death, damage to property, legal costs, increased insurance premiums, treatment costs, loss of driving privileges, fines, and incarceration.

In the past, you may have made choices that led to drinking and driving. Hopefully, the information that follows will help you make safe, legal, and low-risk choices in the future about alcohol and drug use.

Blood Alcohol Content or Blood Alcohol Concentration (BAC)

BAC is the concentration of alcohol in the blood. The amount of alcohol in the body is calculated using the grams of alcohol in the bloodstream per 100 milliliters of blood, or the grams of alcohol in the breath per 210 milliliters of breath. Blood alcohol concentration is used to determine a driver’s level of impairment.

Blood Alcohol Concentration can be affected by many factors:

Amount of alcohol consumed
The time period over which the alcohol was consumed
Body weight of the person drinking
A person’s sensitivity to alcohol
How much food has been eaten
Other medicines/drugs in the body

Your BAC can be affected if you have larger or stronger drinks, drink on an empty stomach, are tired, sick, upset, or have taken medicines or drugs. Some myths about drinking alcohol say that taking cold showers, drinking black coffee, or exercising will sober a person up. This is not true.

It takes about an hour for the body to get rid of each drink, which is 1.5 ounces of 80 proof liquor.

Note: “1 drink” is a 1 1/2-ounce shot of 80-proof liquor (even if it’s mixed with nonalcoholic drinks), a 5-ounce glass of 12% wine, or 12 ounces of 5% beer.

It is illegal for any person to operate a vehicle with these Blood Alcohol Concentration BAC limits:

BAC of 0.08% or higher, if the person is age 21 or older.
BAC of 0.01% or higher, if the person is under age 21.
BAC of 0.01% or higher at any age, if the person is on a Driving Under the Influence (DUI) probation.
BAC of 0.04% or higher, in any vehicle requiring a commercial driver’s license (CDL) with or without a CDL, issued to the driver.
Effective July 1, 2018, it is illegal for a person to drive with a blood alcohol concentration of 0.04 percent or more when a passenger for hire is in the vehicle at the time of the offense.
Drivers of passengers for hire will be held to a higher standard of safety while transporting people, and the DMV will suspend the driver’s license of the person if a conviction is added to their record. Commercial driver license holders will receive a disqualification.

A B.A.C below legal limits does not mean that it is safe to drive. Almost all drivers show the effects of alcohol at levels lower than the legal limit. There is no safe way to drive while under the influence. Even one drink can make you an unsafe driver.

Implied Consent

When you drive in California and are arrested for driving under the influence of drugs or alcohol, you have given consent for chemical testing – implied consent. Every driver signs a certification on their Driver’s License Application form, which states that they will submit to such a test if requested by an officer of the law. By signing this certification, you have given consent to be tested by breath, blood, or urine to determine your blood’s alcohol/drug content.

California Vehicle Code (CVC) §23612, “implied consent for chemical testing,” requires a blood or breath chemical test when a person is lawfully arrested for a DUI involving drugs or a combination of drugs and alcohol. The urine chemical test is only permitted under the following conditions:

Both blood and breath tests are unavailable.
The individual is a hemophiliac.
The individual is taking anticoagulant medication.

If you fail to complete or refuse to take a requested BAC test, you will face harsh penalties. Your license will be suspended for one year. If it is the second offense in 10 years, your license will be revoked for two years. The third offense in 10 years will cause your license to be revoked for three years.

According to the Administrative per se law, if you have a blood alcohol concentration (BAC) of 0.08% or more, or you refuse or fail to complete a test, the peace officer will take away your license and at the same time serve you with an order of suspension or revocation.

The suspension or revocation takes effect in 30 days. Within those 30 days, you can request a hearing. However, a stay of action will be granted only if the hearing is requested within 10 days after the order. The department cannot provide a hearing before the effective date of the action. The issues covered at the hearing are only the facts related to the arrest or detention and the tests, not whether or not you need a driver’s license. The suspension or revocation is independent of any jail, fine, or other criminal penalty imposed in court for the DUI offense.

Zero Tolerance Law

It is against the law for drivers under the age of 21 to consume alcoholic beverages. It is unlawful for a person under 21 years of age to drive with a blood alcohol concentration (BAC) of 0.01% or higher as measured by a preliminary alcohol screening (PAS) test or other chemical tests.

Under this law, those who are under 21 on their first offense will have their driving privileges suspended for one year if:

Your BAC is 0.01% or higher
You refuse to take the preliminary alcohol screening (PAS) test, or
You fail to complete the PAS test

Important: It is against the law to buy beer, wine, or hard liquor if you are under 21 years of age. It is also forbidden to carry on your person or in your car any alcohol unless you are accompanied by a parent or legal guardian over the age of 21, and the container is full, sealed, and unopened.

Exception: You may carry alcoholic beverages in closed containers while working for someone with an off-site liquor sales license.

Driver’s License restrictions or loss of driving privilege:

First Offense:

If you are convicted of driving under the influence of alcohol or drugs or with a BAC of 0.08% or more, the judge may sentence you 96 hours to six months in jail. In addition, you will lose your license for six months, or the court may order the DMV to restrict your driving privilege.

Second Offense:

If you are convicted of a DUI twice within ten years, the court must punish you with time in jail for no less than 90 days (up to a year), a fine up to $1,000, and will take your vehicle for up to twelve months. You will lose your license for two years. After this, you can only drive if you file a special certificate of insurance (SR 22) with the department. After completion of 12 months of the suspension period, you may obtain a restricted license if you enroll in a DUI program and have an ignition interlock device (IID) installed on your vehicle.

Third Offense:

If you are convicted of a third DUI within ten years, you will pay a heavy fine, spend 120 days in jail, and the DMV will designate you as a habitual traffic offender for a period of three years. The court will order a 10-year revocation of the driver’s license of a person convicted of a third or subsequent DUI violation, with possible reinstatement after five years if specified conditions are met. These conditions include filing a special certificate of insurance (SR 22) with the DMV, proof of completion of a DUI program, and the installation of an ignition interlock device (IID) on any and all vehicles owned and/or operated for a period of 2 years.

It is a serious crime if any person gets hurt or killed because you were driving under the influence of alcohol or drugs. The driver can also be charged with a felony and be sent to state prison. You will be punished with fines, jail, and license suspension or revocation. You could also face a civil lawsuit that could result in financial disaster.

EMOTIONAL

A DUI conviction can create unforeseen financial costs and transportation issues with your spouse, children, and your job. Most importantly, all persons are required as a condition of obtaining or renewing a driver’s license to sign a declaration acknowledging that a driver may be charged with murder if a person is killed as a result of driving under the influence.

Imagine the impact on you, your family, and the victims if you killed someone because you were driving under the influence. In addition, everyone involved in a drunken driving traffic incident runs the risk of developing Post Traumatic Stress Disorder (PTSD).

FINANCIAL COST TO OFFENDER OVER 10 YEAR PERIOD

The costs to you after a DUI offense are many. You will have to pay from $390 to $1,000 in fines the first time you are convicted. It is very costly if you decide to have an attorney represent you with your case. Even if you can get insurance after a DUI conviction, it will probably be expensive. Keep in mind that a DUI conviction stays on your driving record for 10 years.

ADDED RESTRICTIONS OR LOSS OF PRIVILEGES

First Offense:

Second Offense:

Third Offense:

ON THE VICTIMS AND VICTIM’S FAMILY

Alcohol is the number one factor in deaths and injuries on our roadways every year, claiming hundreds and thousands of victims across the country. Deaths are unexpected, and family members and friends are ill-prepared for, and can be more difficult to deal with than anticipated deaths. Sudden deaths are even more difficult to process when a person is killed violently or in a manner that could have been prevented, such as a DUI.

ON SOCIETY

Alcohol, at intoxication levels, is by far the commonly abused substance. Drivers with alcohol present in their systems have the highest crash responsibility rates. Other drugs have been found in a sizable percent of fatalities. Based upon research conducted over the past 20 years, it is generally accepted that about 38% of all traffic deaths are caused by driving under the influence of alcohol. This has an immense impact on our society.

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