Penal Code
In this section
Title 1 — General Provisions Title 2 — Offenses Against Persons Title 3 — Offenses Against Property Title 4 — Fraud, Financial, and Cyber Offenses Title 5 — Public Order and Community Safety Title 6 — Government, Courts, and Administration of Justice Title 7 — Weapons and Explosives Title 8 — Controlled Substances Title 9 — Motor Vehicles and Traffic Title 10 — Business, Licensing, and Regulated Activity Title 11 — Emergency Services and Critical Infrastructure Title 12 — Wildlife, Animals, and the Environment Title 13 — Aviation, Maritime, and Rail Title 14 — Sentencing Enhancements and Administrative Penalties Title 15 — Field Reference Appendixes
Docs / Penal Code / Title 9 — Motor Vehicles and Traffic

Title 9 — Motor Vehicles and Traffic

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§ 9.01 — General application

Traffic stops, citations, towing, license points, and impoundment must be supported by observed facts or reliable evidence. A vehicle may not be searched solely because of a minor traffic infraction. “Highway” includes public streets and publicly accessible vehicle areas unless a section requires otherwise.

Chapter 9A — Licensing, registration, and equipment

SectionOffenseGradeElements
§ 9.10Driver license not carriedIOperates a motor vehicle without displaying a valid license upon lawful demand, but is otherwise licensed. Dismissible upon proof.
§ 9.11Driving without a valid licenseM3Operates a motor vehicle without having been issued a valid license for that class. Repeat offense is M2.
§ 9.12Driving while license suspended or revokedM2Knowingly operates while driving privilege is suspended or revoked. DUI- or felony-related revocation is M1.
§ 9.13Unregistered vehicleIOperates or knowingly permits operation of a vehicle without current registration. Fraudulent registration is M1.
§ 9.14No proof of insuranceIOperates without producing required proof of financial responsibility. Dismissible upon proof that coverage existed.
§ 9.15Operating without insuranceM3Knowingly operates or permits operation without required financial responsibility. Collision causing loss is M1.
§ 9.16Improper or fictitious platesM2Displays a plate assigned to another vehicle, altered plate, obscured plate intended to evade identification, or fictitious registration.
§ 9.17Unsafe vehicle equipmentIOperates a vehicle with defective brakes, required lights, tires, windshield, mirrors, or other safety equipment creating unreasonable risk.
§ 9.18Illegal vehicle modificationIOperates with prohibited lighting, tint, exhaust, ride height, tire configuration, or other modification. Knowing use to evade police or facilitate crime is M2.
§ 9.19Unauthorized emergency lights or sirenM1Equips or operates a private vehicle with emergency lights, markings, or siren likely to cause others to yield or believe it is official. Impersonation may also apply.
§ 9.20Failure to display commercial markingsIOperates a commercial, taxi, tow, delivery, or regulated vehicle without required identifying and permit information.
§ 9.21Overweight or unsecured loadM3Operates with an unsafe, overweight, leaking, or unsecured load. Hazardous cargo or resulting injury is M1.

Chapter 9B — Rules of the road

SectionOffenseGradeElements
§ 9.30Speeding — 1 to 15 mph overIExceeds the posted or lawful limit by not more than 15 mph.
§ 9.31Speeding — 16 to 30 mph overIExceeds the limit by 16 through 30 mph. Enhanced fine and two license points.
§ 9.32Excessive speed — more than 30 mph overM3Exceeds the limit by more than 30 mph or drives at a speed grossly unsafe for conditions. Reckless driving may be charged when additional risk is present.
§ 9.33Failure to obey a traffic-control deviceIDisobeys a lawful sign, signal, lane control, barricade, or officer directing traffic.
§ 9.34Failure to stopIFails to make a required complete stop at a sign, signal, crossing, or stop line.
§ 9.35Failure to yieldIFails to yield right-of-way as required, including at intersections, crosswalks, merges, and roundabouts. Collision or endangerment is M3.
§ 9.36Unsafe lane changeIChanges lanes without reasonable safety, clearance, or signal.
§ 9.37Improper turn or U-turnITurns from an improper lane, fails to signal, or makes a prohibited or unsafe U-turn.
§ 9.38Driving against trafficM3Knowingly drives the wrong direction on a divided road, one-way street, or controlled lane. Brief inadvertence without danger is an infraction.
§ 9.39Following too closelyIFollows another vehicle more closely than is reasonable for speed, traffic, and conditions.
§ 9.40Unsafe backingIBacks a vehicle without reasonable safety or interferes with traffic.
§ 9.41Improper passingIPasses where prohibited, across unsafe markings, without sufficient clearance, or on a shoulder. Serious danger is M3.
§ 9.42Driving on a sidewalk or pedestrian areaM3Operates a motor vehicle on a sidewalk, plaza, trail, or pedestrian-only area without necessity or authority. Reckless danger is M1.
§ 9.43Failure to yield to pedestrianIFails to yield to a pedestrian lawfully in a crosswalk or roadway. Injury is M1 in addition to applicable assaultive offense.
§ 9.44Failure to yield to an emergency vehicleM2Fails to pull over, stop, or provide reasonable passage to an emergency vehicle using required signals.
§ 9.45Failure to move overIWhen reasonably safe, fails to change lanes or substantially reduce speed for a stopped emergency, tow, utility, or highway vehicle displaying warning lights.
§ 9.46Obstructing trafficIStops, parks, or drives at an unnecessarily slow speed so as to obstruct normal movement without necessity. Intentional public-way obstruction may be charged under § 5.18.
§ 9.47Improper parkingIParks in a prohibited, reserved, fire, loading, transit, or restricted zone. Towing is authorized when safety or access is affected.
§ 9.48Abandoned vehicleILeaves a vehicle on public or private property beyond the posted period without consent. Hazard or evidence-related vehicles may be towed immediately.
§ 9.49Seat-belt violationIOperates or rides in a moving vehicle without required restraint.
§ 9.50Child-restraint violationM3Knowingly transports a child without an age-appropriate required restraint.
§ 9.51Motorcycle helmet violationIOperates or rides a motorcycle without a helmet where required by state policy.
§ 9.52Distracted drivingIUses a handheld device, watches media, or engages in another avoidable distraction that materially interferes with safe operation. Collision is M3.
§ 9.53Open alcohol container in vehicleIPossesses an open alcoholic beverage in the passenger area of a motor vehicle on a public highway, absent a lawful passenger-service exception.
§ 9.54Unlawful off-road operationM3Operates off-road on protected, posted, railroad, airport, utility, or private land without authority. Property damage may be separately charged.

Chapter 9C — Dangerous driving and collision offenses

SectionOffenseGradeElements
§ 9.60Careless drivingM3Operates without due care in a manner endangering or likely to endanger person or property.
§ 9.61Reckless drivingM1Operates with willful or wanton disregard for safety, demonstrated by extreme speed, dangerous maneuvers, repeated violations, or conscious risk.
§ 9.62Aggravated reckless drivingF5Reckless driving creates an imminent risk of death, occurs in a crowded area, involves wrong-way freeway travel, or causes bodily injury. Serious injury is F4.
§ 9.63Street racingM1Drives in a speed or acceleration contest on a public way or unauthorized property. Organizer or repeat offense is F5.
§ 9.64Exhibition of speed or driftingM3Intentionally accelerates, spins tires, performs donuts, drifts, or loses traction for display on a public way or accessible property. Substantial danger is M1.
§ 9.65Vehicular stunt in a populated areaM1Intentionally performs a jump, high-speed weave, blockade, or stunt in an area where persons are foreseeably endangered.
§ 9.66Hit and run — property damageM2Involved in a collision causing property damage, knowingly fails to stop, identify, and provide required information.
§ 9.67Hit and run — injuryF5Involved in a collision causing or apparently causing bodily injury, knowingly fails to stop, render reasonable aid, and report. Serious injury is F4; death is F3.
§ 9.68Failure to report a collisionM3Fails to make a required report of a collision involving injury, major damage, public property, or an unattended vehicle.
§ 9.69Leaving a disabled vehicle in a hazardous positionM3After a collision or breakdown, fails when reasonably able to move, mark, or report a vehicle that creates a traffic hazard.
§ 9.70Throwing substance from a vehicleIDeposits litter, liquid, smoke-producing material, or an object from a vehicle. Dangerous objects are governed by § 5.41.

Chapter 9D — Impaired driving

“Under the influence” means impairment to the slightest degree affecting safe operation, or an alcohol/drug concentration at or above the administratively adopted per-se limit.

SectionOffenseGradeElements
§ 9.80Driving under the influence — first offenseM1Operates or is in actual physical control of a vehicle while under the influence of alcohol, cannabis, a controlled substance, or impairing combination.
§ 9.81Aggravated DUIF5DUI with extreme concentration, child passenger, suspended DUI license, wrong-way driving, refusal plus dangerous driving, or a prior DUI conviction.
§ 9.82DUI causing injuryF4DUI is a substantial cause of bodily injury. Serious bodily injury is F3.
§ 9.83DUI causing deathF2DUI is a substantial cause of death.
§ 9.84Refusal of lawful chemical testI plus license suspensionAfter lawful DUI arrest and implied-consent warning, refuses an authorized evidentiary chemical test. A warrant may be sought.
§ 9.85Operating a commercial or emergency vehicle while impairedF5Operates a commercial passenger, hazardous-material, school, or emergency vehicle while impaired or above the lower applicable concentration.
§ 9.86Permitting an impaired person to driveM1An owner or person in control knowingly permits an impaired person to operate a vehicle.

Chapter 9E — Police pursuit, commercial vehicles, and impoundment

SectionOffenseGradeElements
§ 9.90Failure to stop for policeM1After a clear lawful signal by an identifiable peace officer, knowingly fails to stop within a reasonable distance without engaging in sustained flight.
§ 9.91Felony vehicular fleeingF5Knowingly engages in sustained vehicle flight from police.
§ 9.92Aggravated vehicular fleeingF3During flight, drives recklessly, enters opposing traffic, exceeds the limit by more than 30 mph, causes injury, or creates substantial risk to multiple persons.
§ 9.93Unauthorized pursuit interferenceF5Knowingly joins, blocks, scouts for, warns, or uses a vehicle to interfere with a lawful police pursuit.
§ 9.94Commercial driving-hours or log violationM3Knowingly exceeds required service hours or falsifies a commercial driver log. Dangerous fatigue or hazardous cargo makes the offense M1.
§ 9.95Unsafe operation of commercial vehicleM1Operates a commercial vehicle in knowing violation of a safety rule creating substantial danger.
§ 9.96Unauthorized passenger transportM2Operates a taxi, rideshare, bus, or for-hire passenger service without required license or insurance.
§ 9.97Unlawful towingM1Tows, holds, damages, or charges for a vehicle without consent, legal authority, required notice, or posted rate. Extortionate retention is F5.
§ 9.98Tampering with an impounded vehicleM1Enters, removes property from, damages, or attempts to recover an impounded vehicle without authority. Removing the vehicle is F4.

Administrative impound guidance

A vehicle may be impounded when it is stolen, evidence, abandoned, dangerously disabled, uninsured following a collision, operated by a person with no lawful drivers license, used in felony fleeing, used to traffic contraband, or subject to judicial seizure. Inventory searches must follow agency policy and may not be used as a pretext for investigation.


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On this page
§ 9.01 — General application Chapter 9A — Licensing, registration, and equipment Chapter 9B — Rules of the road Chapter 9C — Dangerous driving and collision offenses Chapter 9D — Impaired driving Chapter 9E — Police pursuit, commercial vehicles, and impoundment Administrative impound guidance