California Negligent Operator Defense Lawyers

Our California DMV hearing attorneys have local law offices in Los Angeles, San Bernardino, Riverside, and all nearby Southern California areas.

Being declared a negligent operator may cause your drivers license to be suspended. But much of the time, our California DMV hearing attorneys can help you prevent that from happening. In order to help you understand the DMV's negligent operator treatment system (NOTS), we will address the following:

• Why Have I Been Designated a Negligent Operator?
• What is the California DMV's Negligent Operator Treatment System?
• Negligent Operator Hearings
• What Type of Evidence Will the NOTS Hearing Officer Consider?
• What Happens to My Driver's License After My Negligent Operator Hearing?
• Commercial Drivers and the Negligent Operator Treatment System

If after reading this article you have additional questions, we invite you to contact us.

Why Have I Been Designated a Negligent Operator?

If you are declared a "negligent operator" in California, it typically means that you have accumulated a certain number of "points" on your California DMV record. These points are assigned based on

• accidents,



• moving violations,



• mechanical violations that affect safe driving, and



• criminal driving offenses.

If you receive too many of these points, the California DMV will declare you a negligent operator and may suspend or revoke your California driver's license.

Here are some examples of how points are allocated:

• Criminal offenses such as DUI and “reckless” driving are assigned two points.



• Most moving violations, such as speeding, running a stop sign, and causing an accident are assigned one point.



• Mechanical violations that affect safe driving (such as having faulty brakes) are assigned one point.



• Out-of-state convictions, violations, and accidents will be assessed accordingly if they would be considered California convictions, violations, or an accident for which you were responsible.

What is the California DMV's Negligent Operator Treatment System?

The California DMV's negligent operator treatment system (NOTS) is a four-step process involving warning letters and sanctions. It's basically the procedures the DMV must follow before they can suspend or revoke your license. The steps are as follows:

1. You will receive an initial warning letter if you accumulate
• 2 points within any 12 month period,



• 4 points within any 24 month period, or



• 6 points within any 36 month period.

Alternatively, you may receive this letter if a major conviction (such as hit and run or gross vehicular manslaughter while intoxicated while intoxicated) appears on your record

2. You will receive a letter notifying you that the department intends to suspend your license once you accumulate


• 3 points within any 12 month period,



• 5 points within any 24 month period, or



• 7 points within any 36 month period.


3. Your driver's license will be suspended for six months and you will concurrently be placed on probation for one year if you accumulate


• 4 points within any 12 month period,



• 6 points within any 24 month period, or



• 8 points within any 36 month period.


4. Your first two violations of probation will each result in an additional six-month suspension and additional one-year probation sentence. A third probation violation will result in a one-year license revocation. Examples of probation violations include:

• Any violation or accident (regardless of fault) while your license is suspended



• Any one or two point violation or an accident that you cause while you are on probation



• Any "failure to appear" (FTA) or "failure to pay" (FTP) violations while you are on probation, and



• Any of the above if you are under 18 while driving on a provisional license.

It is important to understand that the California DMV and California Superior Court take action independently of one another when a criminal driving offense is involved. That said, you still have the right to hire an attorney to represent you in a DMV negligent operator hearing.

Negligent Operator Hearings

Negligent operator treatment system (NOTS) hearings are not automatically offered.they must be requested. Instructions on how to request this hearing will appear in the letter you receive stating that the DMV intends to suspend your license (step 2 above).

You must request your negligent operator hearing within ten days of receiving your notice. If the DMV is unable to schedule your hearing prior to the date of your suspension, the suspension will be postponed pending the hearing's outcome.

*The exception to this is if you have a physical or medical condition that the DMV believes is an immediate driving hazard. If this is the case, your suspension will remain in effect and will not be postponed.

Your hearing will take place at a DMV driver safety branch office office and will be conducted by a DMV hearing officer. The NOTS hearing serves three purposes:

1. to evaluate your driving record critically,



2. to determine whether you should be declared a negligent operator, and



3. to determine what action (if any) should be taken against your driver's license.

Much like a California DUI DMV administrative hearing, the scope of a NOTS hearing is limited.

The only issues that will be considered by the hearing officer are:

• Whether your driving record is accurate,



• Whether you have any pending court charges and/or convictions that aren't on the DMV's record,



• Whether you are responsible for the accidents on your driving record,



• Whether alcohol played a role in any of the violations that appear on your driving record,



• Whether physical and/or mental conditions contributed to any of the violations that appear on your driving record, and



• Whether any mitigating or aggravating factors should be taken into account.

In a criminal proceeding the prosecutor must prove your guilt beyond a reasonable doubt. In a DMV negligent operator hearing, however, the DMV must only conclude that it is "more likely than not" that you are guilty of being a negligent operator. This standard is known as a "preponderance of the evidence".

What Type of Evidence Will the NOTS Hearing Officer Consider?

Pretty much anything that helps to clarify the issues just mentioned. The negligent operator hearing officer will critically evaluate your driving record.and, as a DMV employee, typically does so with the biased belief that you are already guilty.

Aggravating Circumstances

The NOTS hearing officer will most likely consider aggravating factors first. These issues will be presumed from your driving record. They may (but will not necessarily) include issues such as:

• The fact that you were responsible for the majority of your accidents,



• The fact that some (or all) of your driving record is comprised of major "two point" violations,



• The fact that your driving history reveals what the DMV considers a blatant disregard for public safety,



• The fact that you've completed traffic school but continue to violate traffic laws, and



• The fact that you have a conviction for driving on a suspended license, which will lead the officer to believe that you have disrespect for the DMV's authority.

It should also be noted that if you have a "failure to appear" (FTA) on your record from a prior court case, this will be considered by the officer. Although an FTA doesn't carry a point count, it may be considered an aggravating factor as further evidence of your negligence.

Mitigating Circumstances

Mitigating circumstances should be offered to convince the hearing officer that his/her presumptions about your record are, in fact, inaccurate. Examples of evidence that California DMV hearing attorneys may present (depending on your specific driving record) include:

• The fact that you drive more than the average driver (making it more likely that you will receive more citations than others)



• The fact that you're taking positive steps toward remedying the problem (you're enrolled in a driver safety program, for example)



• The fact that your overall driving history is acceptable and that your reported violations weren't that severe



• The fact that you have no alcohol-related violations



• The fact that you weren't responsible for the accidents contained in your record (testimony about road conditions, weather, and/or from a corroborating witness might be helpful), and/or



• The fact that your job, school, etc. requires you to drive in densely populated areas where accidents are more common than in other areas throughout California.

What Happens to My Driver's License After My Negligent Operator Hearing?

At the conclusion of your NOTS hearing, the California DMV has several options.

If your California negligent operator hearing defense attorney has persuaded the hearing officer that your license shouldn't be suspended or revoked, the DMV may set aside the suspension.

If the DMV isn't willing to completely set aside your suspension but believes that you may be "turning the corner," it may place you on probation. A probation sentence may include conditions that you remain violation free and don't cause anymore accidents.

If the DMV believes that your license should still be suspended, it may either (1) sustain its finding and impose the suspension/revocation without change, or (2) may issue the suspension with probation conditions -- a restricted license, for example.

A restricted license allows you to drive under limited, specific conditions (for example, to and from work). If you are caught driving outside the scope of your restriction, your probation will most likely be revoked and your suspension fully implemented.

Fatal or serious accidents

All of these sanctions may alternatively be imposed if you were responsible for an accident where someone else was seriously injured or killed. Under these circumstances, the California DMV has the right to suspend or revoke your license even if you haven't accumulated the number of points that would otherwise subject you to these punishments.

The level of negligence that contributed to the accident will determine which sanction will be imposed. Flagrant, aggravated, and reckless driving may result in an automatic license revocation. Less severe negligence may result in a license suspension or probationary sentence.

Reinstating a Drivers License Suspended for Negligent Operation

Regardless of how or why your license was suspended or revoked, you must take affirmative steps before you can get it back. Once your suspension or revocation expires, you must:

1. contact the DMV,



2. pay an administrative fee,



3. show proof of insurance, and



4. maintain that insurance for at least three years.

Commercial Drivers and the Negligent Operator Treatment System

If you are a commercial driver, the California DMV treats you a bit differently. A major difference is that your violations will be given point counts of one and one-half times that of a driver who holds a "regular" class "C" driver's license.

On that note, if one with a commercial license requests and attends a NOTS hearing, s/he may also be allowed a higher point count before being declared a negligent operator. If your license doesn't contain specific endorsements or certificates, and you don't have more than a specified number of points in a given period, you will not be declared a negligent operator until you accumulate:

• 6 points within any 12 month period,



• 8 points within any 24 month period, or



• 10 points within any 36 month period.

For more information or to speak with a California negligent operator defense lawyer about your case, we invite you to contact us. We have local law offices in Ventura, Orange County, Rancho Cucamonga, Newport Beach, and all surrounding Southern California cities.

Additional Resource:

California DMV Negligent Operator Treatment System (NOTS)-
Answers questions about the department's negligent operator program

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