Can my California driver’s license be suspended for unpaid tickets?

Not anymore. A new state law in California was passed in 2017 that forbids the DMV from suspending your driver’s license solely for unpaid traffic tickets. However, it can suspend your license for a criminal offense of willfully failing to appear in traffic court for those tickets.

When can unpaid traffic tickets lead to a license suspension?

Unpaid traffic tickets and fines used to get reported by California courts to the California Department of Motor Vehicles (DMV). The DMV would then suspend that person’s driver’s license.[1]

This is not the case anymore.

The California Legislature passed Assembly Bill 103 into law in 2017. This law stripped state courts of their authority to notify the DMV of the failure to pay a fine or traffic ticket.[2] Without being notified of the failure to pay, the DMV cannot suspend your license.

The law was changed because:

• the suspension did not help the state collect the unpaid fines from traffic or parking tickets, and
• the license suspension was likely to lead to low-income individuals losing their job.[3]

Furthermore, the state of California has some of the most costly traffic tickets in the country, mainly because of state and county add-on fees. These fees can more than triple the ticket’s cost.[4]

However, this only stops the DMV from suspending your license solely for unpaid tickets.

What if the ticket was a crime, like DUI?

Your California driver’s license can be suspended for certain criminal offenses, like:

• driving under the influence (DUI) of alcohol or drugs,
• failure to appear in court, and
• vandalism.

It used to be the case that engaging in prostitution could lead to a license suspension if it was done in a motor vehicle and within 1,000 feet of a private residence.[5] However, this was repealed in 2020.[6]

Many criminal moving violations can lead to a license suspension if you accumulate too many driving record points. For example, reckless driving adds 2 points to your record. You are deemed a negligent operator and your license will be suspended if you accumulate the following:

• 4 points in a 12-month period,
• 6 points in a 24-month period, or
• 8 points in a 36-month period.[7]

For these traffic violations and other infractions, like a speeding ticket, you may have to complete traffic school and pay a license reinstatement fee to restore your driving privileges.

You may be eligible for a restricted license during the suspension so you can keep your job.

Getting the legal advice of a traffic ticket attorney from a reputable law office can make a huge difference in the outcome of your case.

What if I fail to appear in traffic court?

Getting a traffic ticket and willfully failing to appear in court for it can lead to a license suspension.[8]

Willfully failing to appear in court for a traffic offense is a misdemeanor crime. Prosecutors have to prove that you:

• received a traffic citation,
• signed a written promise to appear in court for that citation, and
• willfully failed to appear on your court date.[9]

You behave “willfully” when you fail to appear:

• willingly, or
• on purpose. [10]

It is not necessary for you to intend to:

• break the law,
• hurt someone else, or
• gain any advantage. [11]

Note that the underlying ticket is not an element of the offense of failing to appear. You can be found liable for failing to appear even if the traffic ticket is dismissed or found to be groundless.

Not every failure to appear in court is a crime, though. There are several excuses for failing to appear, such as:

• your absence from your court appearance was not willful,
• you never signed an agreement to appear in court, or
• you were kept from appearing in court in person by an emergency.

The penalties for a conviction for failing to appear in court are up to:

• $1,000 in fines, and/or
• 6 months of jail time in a county jail.[12]

Additionally, a hold can be put on your driver’s license. This is a driver’s license suspension, but one that is delayed. When the court notifies the local DMV of your willful failure to appear, the DMV will notify you of the pending suspension. The suspension will go into effect after a 60-day waiting period. The suspension period continues until the failure to appear has been rectified.[13]

Note that this hold and potential suspension can only occur for violating the statute prohibiting the willful failure to appear. A failure to appear without an explanation is presumptively willful. Court notifications to the DMV for other, non-criminal offenses of failure to appear are not enough to trigger a hold on your California driving license.[14]

What are the penalties for driving on a suspended license?

If your driver’s license does get suspended, it is a misdemeanor offense to continue to drive.[15] The penalties for a conviction for knowingly driving on a suspended driver’s license are up to:

• $1,000 in fines, and/or
• 6 months in jail. [16]

Additionally, your car insurance premiums are likely to increase.

Legal References:

[1] See Letter from Bay Area Legal Aid to DMV, “Unlawful Suspension of Driver’s Licenses,” (August 1, 2016).

[2] Assembly Bill 103 (2017), Legislative Counsel’s Digest, Section 24.

[5] California Penal Code 647(b) PC and California Vehicle Code 13201.5 VC.

[7] California Vehicle Code 12810.5 VC.

[8] California Vehicle Code 13365 VC.

[9] California Criminal Jury Instructions (CALCRIM) No. 2240.

[12] California Vehicle Code 40508 VC.

[13] California Vehicle Code 13365 VC.

[15] California Vehicle Code 14601.1(a) VC.