Law Offices of Gabriel H. Avina

Law Offices of Gabriel H. Avina - Filmed with Blackmagic Cinema Camera from Gabriel Avina on Vimeo.

California Traffic Violation Point System Break Down

Los Angeles lawyer Gabriel H. Avina has been fighting traffic tickets for over 10 years and always tells his clients that dealing with most traffic violations is something most people can do without an attorney's help. However, in some circumstances it may be important for you to seek the representation of an attorney, such as in a situation where you will be out of town and cannot be present in court yourself, or in a case where there may be serious criminal charges, such as with a DUI.


Perhaps the most common reason to hire a lawyer to deal with a traffic violation is where you may face having multiple points on you record. Multiple points on your driving record may designate you as a negligent operator of a vehicle and could result in the DMV revoking or suspending your driver's license, if you amass a certain number of points over a period of time. Under California Vehicle Code Section 12810.5(a), the DMV will presume a driver is negligent if he or she adds to his or her record:

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

Some common traffic violations do NOT result in any additional points on your driving record.

• under Cal. Veh. Code Section 12810.3 cell phone violations of Cal. Veh. Code Section 23123, Section 23123.5, Section 23124.
• under Cal. Veh. Code Section 12810.4 blocking a crosswalk or intersection violation of Cal. Veh. Code Section 22526
• under Cal. Veh. Code Section 12810.2 seat belt violations of Cal. Veh. Section 27315

However, other common traffic violations do result in points on your driving record, so be aware and keep track of these. Check the DMV website break down of the California point system for negligent operator counts.


Call (323)299-1664 or email gabriel@avinalaw.com to set up a free consultation with Los Angeles personal injury and criminal defense attorney Gabriel H. Avina.


*For more information see our Criminal Defense page.

Why hire Gabriel H. Avina?

Los Angeles Criminal Defense Attorney

Gabriel H. Avina is an experienced and aggressive criminal defense attorney, who can help you handle a misdemeanor or felony charge. In his years as a criminal defense lawyer, Gabriel has handled many different types of criminal cases, from simple traffic violations and traffic trials to serious DUI charges, as well as criminal charges of graffiti and vandalism, assault and battery, or drugs and weapons offenses and more.  

Gabriel can help you understand how California criminal courts work and can help you understand the process of a criminal case in California.

Whether you are already charged with a crime or are concerned that you may soon be charged and prosecuted, Gabriel can provide a criminal defense strategy that can make a huge difference in the outcome and the lasting consequences of your criminal case. Not only will he fight for you, but he knows how to get results, in any of the following types of cases:

Driving under the Influence (DUI) - California Vehicle Code Section 23152
Suspended License - California Vehicle Code Section 14601
Hit and Run - California Vehicle Code Section 20001
Traffic violations - California Vehicle Code
Vandalism - California Penal Code Sections 594-625c
Theft - California Penal Code Sections 484-502.9, also see Sections 466-469
Embezzlement - California Penal Code Sections 503 -515
Forgery and Counterfeiting - California Penal Code Sections 470 -483.5
Robbery - California Penal Code Sections 211-215
Burglary - California Penal Code Sections 458-464, also see Sections 466-469
Assault - California Penal Code Sections 240-248, especially 240-242
Battery - California Penal Code Sections 240-248, especially 243-244
Domestic violence - California Penal Code 240-248 (above), for spouses Sections 273.8 - 273.88
Sex Crimes - California Penal Code Sections 261-269, also see Section 243.4 in 240-248 (above)
Resisting arrest - California Penal Code Section 148a1
Evading the police - California Vehicle Code Section 2800.1

Drug offenses - California Health and Safety Code Sections 11350 -11356.5
Weapon offenses - California Penal Code Sections 17500 - 17515, also Sections 12001 - 12022.95
Petty Theft with a Prior - California Penal Code Section 666
Three Strikes - California Penal Code Section 667
Probation violation - California Penal Code Sections 1203-1203h

If you have been arrested or if you are facing criminal charges, Gabriel is ready and willing to consult you on your criminal case. Call (323)299-1664 or email gabriel@avinalaw.com to set up a FREE CONSULTATION with Los Angeles criminal defense attorney Gabriel H. Avina.

California Traffic Violation Point System Break Down

Los Angeles lawyer Gabriel H. Avina has been fighting traffic tickets for over 10 years and always tells his clients that dealing with most traffic violations is something most people can do without an attorney's help. However, in some circumstances it may be important for you to seek the representation of an attorney, such as in a situation where you will be out of town and cannot be present in court yourself, or in a case where there may be serious criminal charges, such as with a DUI.


Perhaps the most common reason to hire a lawyer to deal with a traffic violation is where you may face having multiple points on you record. Multiple points on your driving record may designate you as a negligent operator of a vehicle and could result in the DMV revoking or suspending your driver's license, if you amass a certain number of points over a period of time. Under California Vehicle Code Section 12810.5(a), the DMV will presume a driver is negligent if he or she adds to his or her record:

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

Some common traffic violations do NOT result in any additional points on your driving record.

• under Cal. Veh. Code Section 12810.3 cell phone violations of Cal. Veh. Code Section 23123, Section 23123.5, Section 23124.
• under Cal. Veh. Code Section 12810.4 blocking a crosswalk or intersection violation of Cal. Veh. Code Section 22526
• under Cal. Veh. Code Section 12810.2 seat belt violations of Cal. Veh. Section 27315

However, other common traffic violations do result in points on your driving record, so be aware and keep track of these. Check the DMV website break down of the California point system for negligent operator counts.


Call (323)299-1664 or email gabriel@avinalaw.com to set up a free consultation with Los Angeles personal injury and criminal defense attorney Gabriel H. Avina.


*For more information see our Criminal Defense page.

Resisting Arrest & Public Intoxication Charges Dismissed!

On the eve of a four day jury trial, I finally was able to get the City Attorney for Santa Monica to completely dismiss the entire case against my client at the LAX Courthouse today. 

Most attorneys would have convinced their client to accept the offer from the City Attorney, which was plead guilty to only one count of Resisting Arrest with no jail time, no probation and no fine.  It's a good offer.  I advised my client to not take it. 

Why? 

Because he was innocent.  And as much as I tell prosecutors that my clients are innocent, I'm still always surprised by their cynical chuckles. 

During the negotiations, it took me to actually explain my entire trial strategy to the City Attorney to get the proposed offer, which caused him to actually travel to the location of the incident, and to see for himself that the Santa Monica Police Department officer was lying in his police report. 

Of course the City Attorney didn't explicitly acknowledge this fact.  "There seems to be several discrepancies in the report," he said.  "Discrepancies?" Pah.  More like Constitutional violations.  After informing the City Attorney that my client would reject the offer, the City Attorney then stated he would dismiss the entire case instead.

In other words, my client was right.  He was innocent.  And after several motions and 3 months of legal work, his case was completely dismissed. 

This is what lawyers do.  We fight.  When other people laugh at your innocence, good lawyers prove you right.

If you need a lawyer, call me.  I don't chuckle if you say that you're innocent.  I listen.  Then I fight. 

Call 323-299-1664 for a FREE CONSULTATION!

Gabriel H. Avina's 10 Tips for Dealing with a Personal Injury Traffic Accident

If you are in any kind of traffic accident (including a car accident, truck accident, motorcycle accident, or any other type of auto accident) and you may have a personal injury claim, then there are a few important things you should keep in mind. Los Angeles lawyer Gabriel H. Avina suggests that from the moment the accident occurs you should:

1. Stop and exchange information with other parties involved in the accident. Stopping at the scene of an accident in which you were involved is required by law under California Vehicle Code Section 20001. At this time you should get driver license, contact, and insurance information from the other parties involved.
2. Get the contact information of any witnesses if possible. If you believe that liability for the accident will be an issue, and especially in the case of a personal injury, it can be very important to have witnesses to the accident.
3. See a doctor for treatment. Pay attention to how you feel physically immediately after the accident, the next day, the next week, and even over the next months. Sometimes injuries that seem minor at first can develop into more serious conditions. See a doctor for any injuries or health concerns.
4. Save any documentation related to the accident. This includes any information you may have, such as contact or other information from the other parties involved, a police report, any information from witnesses, photographs of damages to your vehicle, photographs of injuries, estimates or bills from repairs shops, or doctor's reports or bills.
5. Consult attorneys for advice. If you have injuries that require medical care, then it may be in your best interest to hire a lawyer to help you recover medical costs. Although automobile insurance companies provide good liability coverage and adequate compensation for property damage in most cases, this is not often the case with physical injuries. Talking to different attorneys about your case can help you decide whether you want to move forward with a personal injury case. Many attorneys provide free consultations.
6. Don't feel too rushed to hire an attorney. While there are time limitations on when you can enforce your rights, and it is important to bring your claim before these time limitations expire (see # 9 below), it is also very important that you do not to feel too rushed in making a decision.
7. Hire an attorney who you feel comfortable with. It is important that you hire an attorney who makes you feel comfortable. This means that you should have a lawyer who you feel comfortable talking to, who listens to your concerns, and who provides you with legal explanations that you understand. The California State Bar provides a guide to help you choose an attorney.
8. Keep in mind that attorneys usually take personal injury cases on a contingency agreement. A contingency fee agreement means that your attorney will be paid a percentage of what the award is if you win in court, or what the settlement is if the matter settles out of court. However, if you lose your case, then your attorney will receive no fee. (But also keep in mind, that regardless of your attorney's compensation, there also may be fees to be paid to the court and possibly other litigation expenses. This is an important conversation to have with an attorney who you are considering hiring.)
9. Keep in mind the relevant statutes of limitations for your claim. While you have time to decide whether to pursue your personal injury claim, it is also important not to forget about the time limitations imposed by law, known as statutes of limitations. If you do not bring your personal injury case within these deadlines, you can miss your opportunity for compensation. Relevant statues of limitations in California that may apply to personal injury claims include:
• 2 years from the date of the injury for most personal injury claims under California Code of Civil Procedure Section 335.1
• 6 months for a personal injury claims against the government under California Government Code Section 911.2
10. Have patience. If you do decide to hire a lawyer to help you with your personal injury claim, this can be a long process. The exact time that a case may take to resolve depends on the specific facts of the case and how the opposing party responds to the claim. Depending on how the case progresses, the lifespan of a personal injury claim may include: investigation or gathering information for your claim, negotiating with insurance, filing a complaint, settlement conferences, pretrial motions, preparing for trial, and enforcing a favorable judgment.

Call (323)299-1664 or email gabriel@avinalaw.com to set up a FREE CONSULTATION with Los Angeles personal injury lawyer Gabriel H. Avina.

*For more information see our Personal Injury page.