Defective Brakes
Operating a vehicle with brakes that do not meet California safety standards.
1 point; may be dismissed upon proof of correction
This guide is for general educational purposes only and does not constitute legal advice. TicketClear is a self-help document preparation service — we are not attorneys and do not represent clients. Review all prepared documents carefully before submitting. Fine amounts are estimates and vary by county and surcharge schedule.
What is a Defective Brakes ticket?
CVC 26450 requires all vehicles to have working brakes on all wheels. A defective brakes citation means one or more wheel brakes were non-functional or severely deficient. This carries 1 DMV point — more serious than most equipment violations.
Carries 1 DMV point and $25–$200 fine, correctable. Defective brakes are a leading accident cause. Repair immediately.
A 1-point brake violation raises premiums 15–20% for 3 years. Sign-off dismissal avoids this entirely.
What the Law Says
Every motor vehicle shall be equipped with an adequate service brake system and every such brake shall be maintained in good condition and in good working order.
What the Officer Must Prove
- 1Vehicle lacked functioning brakes on one or more wheels
How Drivers Get This Ticket
Metal-on-metal grinding from front brakes during traffic stop.
Cited; take vehicle directly to brake shop — do not drive on metal-to-metal brakes.
Common Defenses for Defective Brakes
These are the defense arguments that appear most often in successful Trial by Written Declarations for this violation.
Brakes were functional
If cited based on sound alone, a mechanic's inspection report showing compliance can support the defense.
How to Address This in Your Declaration
- ✓Complete brake repair receipt
- ✓Mechanic inspection report showing all wheels have functioning brakes
⚠️ What NOT to Do
- ✗Driving on clearly defective brakes
- ✗Not getting sign-off — with 1 point, dismissal removes the point entirely
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Frequently Asked Questions About Defective Brakes
Why does a brake violation carry a DMV point?▼
Brake failure directly causes accidents. Safety-critical equipment violations are treated more seriously than cosmetic or lighting failures.
Can sign-off avoid the point?▼
Yes — if the court dismisses the corrected ticket, no point is added to your DMV record.
Traffic School Option
CVC 26450 carries 1 DMV point. Traffic school may mask the point if you qualify.
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Related Violations
This guide is for general educational purposes only and does not constitute legal advice. TicketClear is a self-help document preparation service — we are not attorneys and do not represent clients. Review all prepared documents carefully before submitting. Fine amounts are estimates and vary by county and surcharge schedule.