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The Negligent Operator Treatment System (NOTS) refers to the process the DMV must follow before it can suspend a person’s license for being a negligent operator. The DMV can declare drivers negligent operators for accumulating too many points on their driving record. A motorist will receive points for such things as moving violations and criminal driving offenses.
The DMV can suspend driving privileges if motorists accumulate:
- two points within any 12-month period,
- four points within any 24-month period, or
- six points within any 36-month period.
The Department, however, must follow the steps in NOTS before doing so. These include sending the motorist:
- 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?
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 a person acting as a “negligent operator.”
The DMV declares motorists “negligent operators” if they:
- earn a certain number of points,
- on their 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.
The California DMV can do the following if a person earns enough of a point count within a 1-, 2-, or 3-year period of time:
- declare the person a negligent operator, and
- suspend, or even revoke, the person’s 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 a driver’s license.
The Negligent Operator Treatment System involves four steps. These include the DMV sending the motorist:
- an initial warning letter,
- a notice of intent to suspend,
- an order of probation/suspension, and
- a violation of NOTS probation.
2. What is the initial warning letter?
This letter communicates a warning to a driver. The warning is of a possible suspension because of points on the driver’s record.
The DMV sends a driver an initial warning letter if he accumulates 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 is called a negligent operator “Level I” letter.
3. What is the notice of intent to suspend?
The DMV sends this letter to a driver to communicate its intent to suspend the person’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.2
This notice is called a “Level II” letter.
4. What is an order of probation/suspension?
This letter is sent to drivers to communicate the following:
- they are declared a negligent operator,
- their licenses will be suspended for six months, and
- they are on probation for one year.
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.3
This order is called a “Level III” letter.
Note that a driver violates probation if he/she:
- 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.
5. What is a violation of NOTS probation?
Drivers receive a violation of NOTS probation letter if they violate probation. This is called a “Level IV” letter.
The following are the penalties for violating probation:
- an additional six-month driver’s license suspension,
- an additional one year of probation, and
- a possible one-year driver’s license revocation.
A driver has to apply for a new license if a revocation.
6. What is a Negligent Operator Hearing?
A driver 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.
An administrative hearing officer may decide the following after a hearing:
- a license suspension gets set aside.
- the motorist gets placed on negligent operator probation. This means a suspension does not go into effect. It will though if the driver commits a violation or an accident.
- the driver gets a suspension but is granted a restricted license, or
- a license gets suspended.5
For additional help…
For additional guidance or to discuss your case with a criminal defense attorney, we invite you to contact us at Shouse Law Group.
Legal References:
- California Vehicle Code 12810.5 VC.
- See same.
- See same.
- California Vehicle Code 14100 VC.
- California Vehicle Code 12813 VC.