Negligent Operator Hearings
If you have accumulated too many points on your driving record based on traffic convictions, auto accidents (including Hit & Run), DUIs or reckless driving you may be tagged as a "negligent operator" by the DMV in California.
The DMV (Department of Motor Vehicles) may suspend or restrict the driving privileges of a "negligent operator." In California a driver is presumed to be a "negligent operator" if the driver has:
- 4 or more points in 12 months,
- 6 points in 24 months or
- 8 points in 36 months.
The point count is based on traffic convictions or accidents and may include tickets from other states. DUIs, reckless driving and hit and runs are also points that go on your driving record.
For a complete list of California code violations used in "negligent operator" counts, click here
Negligent Operator Hearings
In California, when a driver is classified a "negligent operator," the DMV will mail you a notice of intent to suspend or restrict your driver's license and informing you that you have a right to a hearing to contest the suspension of your driver's license. At this hearing you have the right to present evidence challenging the suspension of your license. You also have the right to be represented by an attorney.
The hearings are held at one of a dozen driver safety offices, usually the one nearest your residence. The purpose of the hearing is to determine, from your driving record, the charge against you and the circumstances of the incident, whether or not violation points will be assessed against your driving record. When sufficient points are accumulated, your driving privileges may be restricted or suspended by the California DMV.
California's Negligent Operator Treatment System (NOTS) has four levels:
- Level 1 – When you have accumulated 2 points, you will receive a warning letter.
- Level 2 – When you have accumulated 3 points, you will receive a "Notice of Intent to Suspend" your driver's license.
- Level 3 – When you have accumulated 4 or more points, you are placed on probation and your license is suspended.
- Level 4 – If you violate your probation terms, your license may be revoked.
What Legal Representation Can Mean to You
The level of proof required at the negligent operator hearing is "preponderance of the evidence," or the greater weight of the evidence required for a judge to decide in favor of one side or the other. This preponderance is based on the more convincing evidence and its probable truth or accuracy, and not on the amount of evidence.
An experienced DMV criminal defense attorney will use his knowledge of the law and DMV procedures to vigorously defend you at the DMV hearing. Without effective legal representation, these are some of the risks you face:
- Loss of your driving privileges for up to one year
- Loss of your right to a hearing if you fail to request one within the appropriate timeframe
- Probation violations or subsequent violations can extend suspension of driving privileges or result in revocation of your driver's license.
Experienced Los Angeles Criminal Defense attorneys Stephen G. Rodriguez & Partners will help save your driver's license. We may be able to set aside the action taken by the DMV against your license and/or delay DMV actions against your license until after your hearing.
Los Angeles DMV Attorneys
If you have received a negligent operator notice from the DMV, contact Stephen G. Rodriguez & Partners immediately to save your driver's license. We will provide you with a free review and evaluation of your case and explain your options.