The Negligent Operator Treatment System (NOTS) is a DMV process by which you can suffer a driver’s license suspension or revocation if you accumulate too many points during a given period of time.
Points are assigned for:
- moving violations and
- criminal driving offenses such as reckless driving or DUI.
The DMV will suspend driving privileges 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.
The Department, however, must follow the steps in NOTS before doing so. These include sending you:
- an initial warning letter,
- a notice of intent to suspend,
- an order of DMV probation suspension, and
- a violation of NOTS probation.
Our California criminal defense attorneys will discuss the following in this article:
- 1. What is the Negligent Operator Treatment System?
- 2. What is the initial warning letter?
- 3. What is the notice of intent to suspend?
- 4. What is an order of probation/suspension?
- 5. What is a violation of NOTS probation?
- 6. What is a negligent operator hearing?
- 7. Is the standard different for commercial drivers?
NOTS is the traffic law process the DMV must follow before it can suspend your license for being a careless driver.
1. What is the Negligent Operator Treatment System?
NOTS refers to a process. It is the process that the DMV (California Department of Motor Vehicles) must follow before it can suspend a California driver’s license. The suspension is for you acting as a “negligent operator.”
The DMV declares you “negligent operators” if you:
- earn a certain number of points,
- on your driving record.
The DMV issues points for the following:
- causing an accident (1 point),
- driving with a mechanical issue that affects safe driving (1 point),
- committing a moving violation (1 point), and
- committing a criminal driving offense (2 points).
An example of a moving violation is running a stop sign, Vehicle Code 22450 VC.
An example of a criminal driving offense is a DUI, reckless driving, or hit and run.
What happens if you get too many points…
The California DMV can do the following if you earn enough of a point count within a 1-, 2-, or 3-year period of time:
- declare you a negligent operator, and
- suspend, or even revoke, your driving privileges.
Example: Within a one-year time period, Paco is arrested and convicted for a California DUI. He also causes an accident and he gets a citation for speeding, per Vehicle Code 22350 VC. Here, Paco accumulated a total of 4 negligent operator points in a year for these traffic convictions. Per California law, the DMV can declare him a negligent operator and suspend his license.
Note that the Department must follow NOTS before it can suspend or revoke your driver’s license.
The Negligent Operator Treatment System involves four steps. These include the DMV sending you:
- an initial warning letter,
- a notice of intent to suspend,
- an order of probation/suspension, and
- a violation of NOTS probation.
Note that under VC 13800, the DMV may also revoke your license if you have a serious or fatal car accident. It does not matter if you were grossly negligent or merely inattentive or misjudging.
2. What is the initial warning letter?
This letter communicates a warning to you. The warning is of a possible suspension because of points on your record.
The DMV sends you an initial warning letter if you accumulate a certain number of points in a specified time period:
- two points within any 12-month period,
- four points within any 24-month period, or
- six points within any 36-month period.1
This letter goes by the name, negligent operator “Level I” letter.
The DMV sends the notice of intent to communicate its intent to suspend your license.
3. What is the notice of intent to suspend?
The DMV sends this letter to you to communicate 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.2
This notice goes by the name, “Level II” letter.
4. What is an order of probation/suspension?
This letter is sent to you to communicate the following:
- the DMV declares you a negligent operator,
- the DMV suspends your license for six months, and
- you are on probation for one year.
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.3
This order goes by the name, “Level III” letter. The suspension takes effect 34 days after the letter is mailed.
Note that you violate probation if you:
- commit any moving violation,
- have any traffic accident,
- receive any 1- or 2-point violation, and
- fail to appear in court on a traffic violation.
5. What is a violation of NOTS probation?
You receive a violation of NOTS probation letter if you violate probation. This goes by the name, “Level IV” letter.
A first or second probation violation carries:
- a six-month license suspension; and
- an extra year of probation;
A third probation violation carries a one-year license revocation.
You have to apply for a new license if you get a revocation.
6. What is a Negligent Operator Hearing?
You can request a DMV hearing (NOTS hearing) to:
- challenge a negligent operator status, and
- get a driver’s license suspension set aside.4
This request comes after receipt of either a:
- Level III, or
- Level IV letter.
You have only 10 days after receiving the letter to request a NOTS hearing.
What happens at the hearing?
At the hearing, you can provide evidence that you did not accumulate enough points to be a negligent operator and that the state’s records are inaccurate. You can also provide mitigating evidence that paints you in a less blameworthy light – an example is that you are your family’s sole provider.
In the meantime, the state can present aggravating evidence to paint you in a more blameworthy light – an example is that you have a long history of traffic violations. Ultimately, the hearing officer can classify you as a negligent operator only if there is “a preponderance of the evidence.”
An administrative hearing officer may decide the following after a hearing:
- your license suspension gets set aside.
- you get placed on negligent operator probation. This means a suspension does not go into effect. It will though if you commit a violation or an accident.
- you get a suspension but are granted a restricted license, or
- your license gets suspended.5
Your insurance company will likely increase your premiums if you are found to be a negligent operator. That is a big reason why NOTS hearings are usually worth doing.
7. Is the standard different for commercial drivers?
Yes. Since commercial drivers log more miles than regular drivers, they are allowed to accumulate more points before the DMV will consider them negligent operators. Specifically, commercial drivers in California face a license suspension if they accumulate:
- six points within any 12-month period,
- eight points within any 24-month period, or
- ten points within any 36-month period.
However, traffic violations by commercial drivers carry one-and-a-half times the standard point value. So whereas a speeding ticket in violation of VC 22348(a) typically carries one DMV point, a commercial driver will be assessed 1.5 points for speeding in a commercial vehicle.6
As with non-commercial drivers, one serious or fatal car accident by a commercial driver can also trigger a negligent operator designation and license suspension.7
Commercial drivers in California comprise motorists who have class A or class B licenses or who have special endorsements to drive specific vehicles such as ambulances, school buses, or vehicles containing hazardous materials.
For additional help…
Contact us if you need help fighting a license suspension.
For additional guidance or to discuss your case with a criminal defense attorney, we invite you to contact us at Shouse Law Group.