Negligent Operator – License Suspension for Too Many Points

The term negligent operator refers to a suspension or revocation of a driver’s license that the California DMV imposes if drivers accumulate too many points on their driving record in a given period of time. Points are assessed for moving violations as well as criminal traffic convictions such as DUI or reckless driving.

The DMV will take the following actions:

• Level 1 — Issue a warning letter if the driver gets 2 points in 12 months, 4 points in 24 months, or 6 points in 36 months
• Level 2 — Issue a notice of intent to suspend if the driver gets 3 points in 12 months, 5 points in 24 months, or 7 points in 36 months
• Level 3 — Order probation or suspension if the driver gets 4 points in 12 months, 6 points in 24 months, or 8 points in 36 months

Even if a driver has accumulated no points, the DMV can declare the person a negligent operator and suspend the license for causing an accident resulting in serious injury or death.

A driver can go to a negligent operator hearing to:

1. challenge a negligent operator status, and
2. potentially beat a driver’s license suspension.

The administrative hearing can result in a:

1. driver’s license suspension,
2. suspension being set aside,
3. motorist getting placed on DMV probation, or
4. driver getting a restricted license to drive.

Our California criminal defense attorneys will explain the following in this article:

• 1. What is a negligent operator and what are points?
• 2. What is the Negligent Operator Treatment System (“NOTS”)?
  • 2.1. Initial warning letter
  • 2.2. Notice of intent to suspend
  • 2.3. Order of probation/suspension
  • 2.4. Violation of NOTS probation
• 3. What is a Negligent Operator Hearing?
• 4. What are the possible outcomes of a hearing?
• 5. What happens after a negligent operator hearing?

The California Department of Motor Vehicles can declare a driver a “negligent operator” if she accumulates a certain number of “points” on her driving record.

1. What is a negligent operator and what are points?

The DMV declares a motorist a “negligent operator” if he:

• accumulates a certain number of points,
• on his California driving record.

The DMV issues points on a person’s record. It does so for four main categories of events:

1. accidents,
2. mechanical violations that affect safe driving,
3. moving violations, and
4. criminal driving offenses.

As to accidents, a driver receives one point if he caused an accident.¹ But in serious or fatal accidents, the Department can bring a DMV fatality hearing and suspend a license even if the person has accumulated no other points.

Drivers receive one point if they drive a car with a mechanical defect.²

Further, most moving violations are assigned one point.³ These include violations like:

• speeding more than 70 MPH on the freeway (Vehicle Code 22356 VC),
• illegal passing (Vehicle Code 21751 VC), and
• crossing a divided highway (Vehicle Code 21651a).

Criminal violations of the motor vehicle code will result in two points.⁴ These may include:

• California DUI,
• driving on a suspended license (Vehicle Code 14601 VC), and
• misdemeanor hit-and-run (Vehicle Code 20002 VC).

Example: In 2020, Carol causes one accident. She also gets cited for two traffic violations. One for speeding and one for running a red light. Carol has a point count of three on her DMV record.

If Carol is convicted of DUI later in the year, she would have a total of five points on her record.

2. What is the negligent operator treatment system (“NOTS”)?

The DMV’s negligent operator treatment system (NOTS) refers to:

• the process the DMV must follow,
• before it can suspend a person’s driving privileges.

The NOTS process includes four basic steps. These include:

1. an initial warning letter,
2. a notice of intent to suspend,
3. an order of probation/suspension, and
4. a violation of NOTS probation.

2.1. Initial warning letter

The DMV sends a driver an initial warning letter if he accumulates:

• two points within any 12-month period,
• four points within any 24-month period, or
• six points within any 36-month time period.⁵

This letter is called a negligent operator “Level I” letter.

2.2. Notice of intent to suspend

This is a letter that the Department:

• sends to a driver, and in it,
• gives notice of its intent to suspend the motorist’s license.

The DMV sends this notice once a driver accumulates:

• three points within any twelve 12-month period,
• five points within any 24-month period, or
• seven points within any 36-month period.⁶

This notice is called a “Level II” letter.

2.3. Order of probation/suspension

This order is sent to a person if he accumulates:

• four points within any 12-month period,
• six points within any 24-month period, or
• eight points within any 36-month period.⁷

This order is called a “Level II” letter.

The Level III letter tells the motorist that:

1. he is declared a negligent operator,
2. his driver’s license is suspended for six months, and
3. he is on a one-year probation.

A driver must act responsibly behind the wheel once on probation. He can violate probation if he:

• commits any moving violation,
• gets involved in any traffic accident,
• receives any 1- or 2-point violation, and
• fails to appear in court on a traffic violation.

2.4. Violation of NOTS probation

A driver receives a violation of NOTS probation letter if he violates probation. This is called a “Level IV” letter.

The following are the penalties for violating probation:

1. an additional six-month driver’s license suspension,
2. an additional one year of probation, and
3. a possible one-year driver’s license revocation.

A driver has to apply for a new license if a revocation.

A driver can request a negligent operator hearing (NOTS hearing).

3. What is a Negligent Operator Hearing?

A driver can request a negligent operator hearing to:

1. challenge a negligent operator status, and
2. get a driver’s license suspension set aside.⁸

This request comes after receipt of either a:

• Level III, or
• Level IV letter.

A negligent operator hearing is done at a DMV office. A DMV hearing officer conducts the hearing.

The hearing serves three purposes:

1. to evaluate the motorist’s driver’s record,
2. to determine if the driver is a negligent operator, and
3. to determine the status of the motorist’s driver’s license.

The only issues considered by the hearing officer are whether:

• the motorist’s driving record is accurate,
• he has any pending court charges that are not on the DMV’s record,
• the driver is responsible for the accidents on his driving record,
• alcohol played a role in any violation,
• physical/ mental conditions contributed to any violations, and
• there are any mitigating factors.

The hearing officer makes a ruling after considering these issues. The officer only has to find that:

• it is “more likely than not” that,
• a person is a negligent operator

for a suspension to stand. This is a lower standard than:

• the “beyond a reasonable doubt” standard
• used in criminal trials.

4. What are the possible outcomes of a hearing?

A hearing officer may decide the following after a hearing:

1. a license suspension gets set aside.
2. the motorist gets placed on negligent operator probation. This means he has to remain violation- and accident-free or suspension goes into place.
3. the driver gets a suspension but is granted a restricted license.⁹
4. a license gets suspended.

5. What happens after a negligent operator hearing?

Two things happen post-hearing.

The first is that the driver may:

• challenge the Department’s decision to suspend his license,
• by asking for a departmental review of its decision.¹⁰

In this event, the DMV will:

• examine the hearing record, including all the evidence presented,
• to determine whether the hearing officer made the correct decision.

The second thing that results after a hearing is that:

• after a suspension or revocation expires,
• the motorist must reinstate his driver’s license.

This means he asks for his license back. He does this by:

1. contacting the DMV,
2. paying an administrative fee,
3. showing proof of insurance, and
4. maintaining that insurance for at least three years.

Contact us for additional help and a free consultation. We create attorney-client relationships throughout the state.

In Colorado? Learn about point suspensions.

In Nevada? Learn about demerit points.

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