Negligent Operator - How To Avoid A Suspension In California

Q: 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 Negligent Operator Treatment System (NOTS) is 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 “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:

NOTS is the process the DMV must follow before it can suspend a person’s license for being a negligent operator.

1. What is the Negligent Operator Treatment System?

NOTS refers to a process. It is the process that the DMV must follow before it can suspend a person’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.

The DMV can do the following if a person earns enough points within a 1-, 2-, or 3-year period:

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 points in a year. 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:

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.

The DMV sends the notice of intent to suspend to a driver to communicate its intent to suspend the person’s license.

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 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.

A 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.