Negligent Operator Points – License Suspension for Too Many Points

The term negligent operator refers to a suspension or revocation of your driver’s license that the California DMV imposes if you accumulate too many points on your 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 you get 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 you get 3 points in 12 months, 5 points in 24 months, or 7 points in 36 months
• Level 3 — Order probation or suspension if you get 4 points in 12 months, 6 points in 24 months, or 8 points in 36 months

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

You can go to a negligent operator hearing to:

1. challenge a negligent operator status, and
2. potentially beat your license suspension.

The administrative hearing can result in:

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

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

The DMV declares you a “negligent operator” if you:

• accumulate a certain number of points,
• on your California driving record.

The DMV issues points on your 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, you receive one point if you caused an accident.¹ But in serious or fatal accidents, the Department can bring a DMV fatality hearing and suspend your license even if you have accumulated no other points.

You receive one point if you 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 your 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 you an initial warning letter if you accumulate:

• 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 you, and in it,
• gives notice of its intent to suspend your license.

The DMV sends this notice once you accumulate:

• 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 you if you accumulate:

• 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 you that:

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

You must act responsibly behind the wheel once on probation. You can violate probation if you:

• commit any moving violation,
• get involved in any traffic accident,
• receive any 1- or 2-point violation, and
• fail to appear in court on a traffic violation.

2.4. Violation of NOTS probation

You receive a violation of NOTS probation letter if you violate 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.

You have to apply for a new license if you get a revocation.

3. What is a Negligent Operator Hearing?

You can request a negligent operator hearing to:

1. challenge a negligent operator status, and
2. get your 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 your driver’s record,
2. to determine if you are a negligent operator, and
3. to determine the status of your driver’s license.

The only issues considered by the hearing officer are whether:

• your driving record is accurate,
• you have any pending court charges that are not on the DMV’s record,
• you are responsible for the accidents on your 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,
• you are 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. your license suspension gets set aside.
2. you get placed on negligent operator probation. This means you have to remain violation- and accident-free, or the suspension goes into place.
3. you get a suspension but are granted a restricted license.⁹
4. your license gets suspended.

5. What happens after a negligent operator hearing?

Two things happen post-hearing.

The first is that you may:

• challenge the Department’s decision to suspend your 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,
• you must reinstate your driver’s license.

This means you ask for your license back. You do 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.

In Colorado? Learn about point suspensions.

In Nevada? Learn about demerit points.

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