Vehicle Code Section 46 suspends your license when you accumulate too many traffic violations or points within a set time period.

Section 46 is California's point-accumulation rule. It does not target a single violation — instead, it suspends your license based on how many violations you rack up in 12 or 24 months. The Department of Motor Vehicles (DMV) assigns points to different violations: a speeding ticket is typically one point, reckless driving is two points, and a hit-and-run is two points. When your total hits a threshold, the DMV issues a suspension notice.

The thresholds depend on your age and driving history. A driver under 18 with four points in 12 months, a driver 18 or older with four points in 12 months, or any driver with six points in 24 months will trigger a suspension. Once the DMV mails the suspension notice, you have a right to request a hearing before the suspension takes effect — but you must request it within 10 days of the notice date.

Unlike a suspension for a DUI or failure to pay a fine, a Section 46 suspension is not automatic. You can contest it, and you can request a hearing to argue that the violations should not count or that circumstances warrant keeping your license. Understanding the point system and the hearing process is the difference between losing your license and keeping it.

Key Takeaways

  • The DMV assigns points to traffic violations, and accumulating four points in 12 months or six points in 24 months triggers a Section 46 suspension notice.
  • You have 10 days from the date the DMV mails the suspension notice to request a hearing; missing this important date means the suspension takes effect automatically.
  • At a DMV hearing, you can argue that violations should not count, that you were not the driver, or that hardship circumstances warrant a stay of suspension.
  • Some violations do not count toward Section 46 totals, including parking tickets, violations in other states, and violations dismissed in traffic court.
  • If your license is suspended, you may be able to request a restricted license that allows you to drive to work, school, or medical appointments.

How Points Are Assigned and When Suspension Happens

The DMV tracks points on your driving record for 36 months from the violation date, but only violations within the past 12 or 24 months count toward a suspension. A single violation does not suspend your license — it is the total that matters. Most moving violations are worth one point: speeding, unsafe lane changes, running a red light, and failure to yield all count as one point each. More serious violations are worth two points: reckless driving, hit-and-run, driving with a suspended license, and evading police.

The suspension thresholds are strict. If you are under 18, four points in 12 months triggers suspension. If you are 18 or older, four points in 12 months also triggers suspension. If you are any age, six points in 24 months triggers suspension. The DMV does not send a warning at three points — the suspension notice arrives once you cross the threshold. The notice includes the effective date of the suspension, which is usually 30 days after the notice is mailed, giving you time to request a hearing.

Your Right to a Hearing and How to Request One

A Section 46 suspension is not final until you exhaust your right to a hearing. California Vehicle Code requires the DMV to give you a chance to contest the suspension before it takes effect. To request a hearing, you must send a written request to the DMV within 10 days of the date the suspension notice was mailed — not 10 days from when you received it. If the notice says it was mailed on January 15, your request must be postmarked or delivered by January 25. Missing this important date waives your right to a hearing, and the suspension becomes effective on the date stated in the notice.

Send your hearing request to the DMV office listed on the suspension notice. Include your name, driver's license number, and a statement that you request a hearing on the Section 46 suspension. You do not need a lawyer, and you do not need to state your reason for the hearing in the request itself — the DMV will schedule a hearing date and send you a notice with the time and location. Hearings are usually held in person at a local DMV office, though some regions allow phone hearings. The hearing is informal: you sit across from a DMV hearing officer who reviews your driving record and listens to your argument.

Arguments You Can Make at a DMV Hearing

At the hearing, you have several possible defenses. The most straightforward is that you were not the driver of the vehicle when the violation occurred. If someone else was driving your car, bring evidence: a statement from the actual driver, a police report that names them, or testimony from a witness. The DMV must prove you were the driver, and if there is reasonable doubt, the violation may not count.

You can also argue that a violation should not count because it was dismissed in traffic court. If you fought a ticket in court and won, or if the prosecutor dropped the charge, that violation does not count toward Section 46 — even if the DMV's records have not been updated yet. Bring a copy of the court order or dismissal letter. Similarly, violations from other states do not count toward a California Section 46 suspension, and parking tickets never count. If your record includes any of these, point them out to the hearing officer.

A third argument is hardship: that losing your license would cause severe hardship to you or your family. This is a weaker argument than the first two, but it can work. If you are the sole provider for your family, drive to a medical treatment facility, or have no public transportation, explain that to the hearing officer. Some hearing officers will recommend a stay of suspension — a delay that gives you time to improve your driving record or take a defensive driving course. A stay is not a dismissal, but it buys you time.

What Happens If Your Suspension Takes Effect

If you do not request a hearing, or if you request one and lose, the suspension takes effect on the date stated in the notice. You cannot legally drive during the suspension period. Driving on a suspended license is a separate crime and can result in arrest, impound of your vehicle, and additional charges. The suspension typically lasts six months for a first offense under Section 46, though the DMV may extend it if you accumulate more points during the suspension.

Once the suspension period ends, you do not automatically get your license back. You must visit a DMV office and request reinstatement. Bring your driver's license, proof of financial responsibility (usually an insurance card), and any other documents the DMV requests. There is no fee for reinstatement after a Section 46 suspension, but you may need to pay a reissue fee for a new license card if yours was confiscated. After reinstatement, your driving record resets — the points that triggered the suspension no longer count toward future suspensions, though they remain on your record for 36 months.

Restricted License Options During Suspension

California allows you to request a restricted license during a Section 46 suspension if you can show that you need to drive for essential purposes. A restricted license lets you drive to and from work, school, medical appointments, or court-ordered programs like alcohol education. You cannot use it for any other purpose, and you must carry the restricted license and proof of the restriction with you at all times.

To request a restricted license, you must file a form with the DMV before the suspension takes effect, or within 10 days after it takes effect. The form is called an "process for Restricted Driver License" (Form DL 44). You will need to show proof of employment or school enrollment, proof of the medical condition or court order if applicable, and proof of financial responsibility. The DMV will review your request and either grant or deny it. If granted, you will receive a restricted license that is valid only for the purposes listed. Violating the restrictions — for example, driving to a friend's house when your license only allows work — is a separate violation and can result in arrest.

How to Avoid a Section 46 Suspension

The best defense against a Section 46 suspension is to fight violations in traffic court before they are added to your record. If you receive a ticket, you have the right to contest it. You can request traffic school, negotiate a reduction to a non-moving violation, or go to trial. If you win in court, the violation is dismissed and does not count toward Section 46. If you lose, the violation is recorded and the points are added.

If you already have points on your record, taking a defensive driving course can remove one point from your record — but only if you have not taken one in the past 12 months, and only if you have not been convicted of a serious violation like DUI. The course costs between $20 and $50 and takes four to eight hours. Some insurance companies also offer discounts if you complete a defensive driving course, so it can save you money in two ways.

If you are close to the suspension threshold, avoid any new violations. Even a parking ticket does not count, but a speeding ticket or failure to yield will push you over the edge. If you receive a ticket, fight it in court rather than paying it — you have nothing to lose except time, and you might win.

Frequently Asked Questions

Can I drive during the 10 days after I get a suspension notice if I request a hearing?

Yes. Your license remains valid until the suspension takes effect, which is usually 30 days after the notice is mailed. If you request a hearing within 10 days, the suspension is stayed (delayed) until after the hearing. You can drive legally during this entire period.

Do violations from other states count toward a California Section 46 suspension?

No. Only violations that occurred in California and were recorded by the California DMV count. Violations from other states appear on your record but do not add to your point total for Section 46 purposes.

If I take a defensive driving course, will it remove points from my record?

A defensive driving course removes one point from your record, but only if you have not taken one in the past 12 months and you have not been convicted of a serious violation like DUI in the past 36 months. The course must be state-approved, and you must complete it before the suspension takes effect to prevent it.

What is the difference between a Section 46 suspension and a suspension for unpaid fines?

A Section 46 suspension is based on point accumulation and can be contested at a hearing. A suspension for unpaid fines is administrative and takes effect automatically unless you pay the fine or set up a payment plan. You cannot contest a fine suspension at a hearing — you must resolve the underlying debt.

How long does a Section 46 suspension last?

A first Section 46 suspension typically lasts six months. If you accumulate more points during the suspension, the DMV may extend it. After the suspension period ends, you must visit the DMV to request reinstatement — your license does not come back automatically.