VC 12810.5 Negligent Operator 4 points on your license

We Specialize in DMV Negligent Operator Hearings. A DMV Hearing is your best chance of saving your license, so it does not get suspended for 6 months for getting 4 DMV points in a 12-month period. We Can help you with your DMV Hearing so your license does not get suspended, and you can keep driving.

Please call us immediately at (310) 285-1516 because it is imperative that you immediately request a DMV Hearing after you receive an order of probation and suspension letter from the DMV.

For over 20 years we have been successfully helping DMV Negligent Operators keep driving and helping them with their DMV Hearings, so their license does not get suspended for 6 months for getting 4 DMV points

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Please call us immediately at (310) 285-1516 for a free legal consultation to learn how to protect and save your license from getting suspended for 6 months for being a DMV Negligent Operator with 4 or more DMV points

If you live anywhere in California and you received a letter with an order of probation and suspension from the DMV suspending your license for 6 months for acquiring too many DMV points please call us immediately at 310-285-1516 so we can help you save your license from getting suspended.

We can help you with your DMV Hearing anywhere in California

We can help you with your DMV Hearing anywhere in California (Northern California, Central California, or Southern California) with any of the following Driver Safety Offices:

We can help you with your DMV Hearing anywhere in California with any of the following Driver Safety Offices:

1. Bakersfield Driver Safety Office
2. City of Commerce Driver Safety Office
3. City of Orange Driver Safety Office
4. Covina Driver Safety Office
5. El Segundo Driver Safety Office
6. Fresno Driver Safety Office
7. Oakland Driver Safety Office
8. Oxnard Driver Safety Office
9. Redding Driver Safety Office
10. Sacramento Driver Safety Office
11. San Bernardino Driver Safety Office
12. San Diego Driver Safety Office
13. San Francisco Driver Safety Office
14. San Jose Driver Safety Office
15. Santa Rosa Driver Safety Office
16. Stockton Driver Safety Office
17. and the Van Nuys Driver Safety Office

NOTS stands for Negligent Operator Treatment System.  According to the California DMV:-

A negligent operator is basically a driver the DMV considers unsafe to drive because they have caused accidents and/or received too many traffic tickets or criminal vehicle code violations. The DMV considers driving a privilege and not a right and if you accumulate too many DMV points by way of traffic tickets, DUIs, a Hit and Run, Exhibition of Speeding, Driving on a Suspended License, Driving over 100 mph, etc. or Accidents that you cause the DMV will seek to suspend your license for 6 months for being a negligent driver.

The DMV keeps track of your DMV points; if you get into an accident and it is considered your fault, the accident will put one DMV point on your record. If you got a speeding ticket that’s one DMV point, if you get convicted of a Red Light Camera Ticket that’s one DMV point on your record. If you got a speeding ticket in another state that will put a DMV point on your record. If you got convicted of a DUI that will put 2 DMV points on your record. You can see how a combination of an accident, a speeding ticket and a DUI in a 12 month period can put 4 DMV points on your record.

Vehicle Code Section 12810.5 states: except as otherwise provided in subdivision (b), a person whose driving record shows a violation point count of four or more points in 12 months, 6 or more points in 24 months, or eight or more points 36 months shall be prima facie presumed to be a negligent operator of a motor vehicle.

A DMV Hearing is so important because it is usually your only chance to save your license from getting suspended for 6 months.

A DMV Hearing allows you to testify and present evidence about mitigating circumstances you may have such as your need to drive for work, you drive a lot of miles for work, if you are the sole provider of income for your family, and the terrible hardship you would suffer if your license is suspended for 6 months. We specialize in DMV Hearings and have been helping DMV Negligent Operators for over 20 years save their licenses from getting suspended. If you received a letter with an order of probation and suspension from the DMV suspending your license for 6 months because you are considered a DMV Negligent Operator for getting 4 DMV points or more, please call us at 310-285-1516 so we can help you save your license and help you request a DMV Negligent Operator hearing with the proper DMV Driver Safety Office.

We can handle your Negligent Operator DMV Hearing in California

We can handle your Negligent Operator DMV Hearing anywhere in the state of California in any of the following DMV Driver Safety Offices:

1. Bakersfield Driver Safety Office
2. City of Commerce Driver Safety Office
3. City of Orange Driver Safety Office
4. Covina Driver Safety Office
5. El Segundo Driver Safety Office
6. Fresno Driver Safety Office
7. Oakland Driver Safety Office
8. Oxnard Driver Safety Office
9. Redding Driver Safety Office
10. Sacramento Driver Safety Office
11. San Bernardino Driver Safety Office
12. San Diego Driver Safety Office
13. San Francisco Driver Safety Office
14. San Jose Driver Safety Office
15. Santa Rosa Driver Safety Office
16. Stockton Driver Safety Office, and
17. Van Nuys Driver Safety Office.

Please call us at 310-285-1516 for help with your Negligent Operator DMV Hearing.

NEGLIGENT OPERATOR TREATMENT SYSTEMS (NOTS) DMV HEARINGS

Purpose of a NOTS DMV Hearing

In a DMV Hearing (Negligent Operator Treatment Systems NOTS Hearing) the purpose of the hearing is to:-

1. Review the driver record including factors that may have positively or negatively affected the driver’s behavior
2. Decide whether the driver should be considered a negligent operator under the point count system
3. Decide whether any action against the driving privilege is needed

As a driver you have the opportunity to produce evidence and testify in detail regarding your driver record. The hearing action must be supported by sufficient evidence.

What the DMV Hearing Officer will consider

In Negligent Operator Treatment Systems NOTS Hearings the DMV Hearing Officer will consider:

1. The correctness of your driver record
2. If you have any pending court charges, collisions, or convictions not shown on your driver record (which will not be used as the basis for an action but may reflect whether you have a negligent pattern of driving)
3. Your driving history
4. Whether your driver record shows a pattern of repeat collisions and violations
5. Whether alcohol consumption is related to major violations and collisions when indicated by the record
6. Any factors that may have impacted the driver’s actions either negatively or positively
7. Physical and mental (P&M) conditions related to the driving record

AGGRAVATING CIRCUMSTANCES THAT CAN BE USED AGAINST YOU IN A NEGLIGENT OPERATOR DMV HEARING:

Aggravating circumstances in a driving record or which become apparent at a hearing may be considered by the hearing officer as a reason for not reducing the action and must be balanced against any mitigation presented. Aggravating circumstances which the DMV hearing officer may consider include:

1. Responsible Collisions
2. A driving history which indicates a disregard for traffic safety
3. Major 2 point violations
4. The history or potential severity of the consequence of driving errors. For example, the driver’s responsibility for the safety of passengers or transportation of hazardous materials, which, in the event of a collision, may result in injury, death or extensive property damage due to fire or explosion.
5. If the driving record contains a long history of driving violations and/or at-fault collisions, a stronger action may be required to motivate lasting change. However a driving record which indicates only a few recent violations may not indicate the need for a strong sanction.
6. A driver who has attended Traffic Violator School more than once and who continues to violate traffic laws may require a more severe sanction.
7. Prior negligent operator actions may indicate that a driver is unwilling or unable to drive in a reasonable and prudent manner.
8. A history of multiple court appearances and court suspensions/probations for driving offenses, may indicate the driver is unlikely to respond to minimal Negligent Operator Treatment System action.
9. Prior violations for driving when suspended or revoked may indicate the driver’s unwillingness to abide by the terms of restriction or suspension.

MITIGATING CIRCUMSTANCES THAT CAN BE USED TO HELP YOU IN A NEGLIGENT OPERATOR DMV HEARING:

Mitigating circumstances, or issues that can lessen the degree of negligence, will be weighed against the amount and seriousness of negligence shown by your driving record and your testimony.

1. Plans for Improvement/Corrective Measures At a hearing, you may offer testimony that you believe lessens the degree of negligence shown by the record. The best evidence describes the specific, reasonable steps that are taken to discourage “backsliding” (falling back into prior bad behaviors).
2. Hardship In some cases, you may present a mitigating circumstance such as hardship. Hardship may include situations where You are a major contributor or sole provider of your family income and Alternative transportation is not available for significant, routine activities, such as school, medical treatments, or employment.
    

CALIFORNIA DMV NEGLIGENT OPERATOR TREATMENT SYSTEM (NOTS)

There are four levels of Negligent Operator Treatment Systems (NOTS) actions.

The more DMV points you get the more serious the consequences you face from the DMV. There are 4 levels of Negligent Operator Treatment System (NOTS) actions you potentially face:

1. Level 1 of Negligent Operator Treatment System (NOTS) – THE WARNING LETTER – you will receive a warning letter from the DMV if you receive 2 DMV points in a 12-month period, 4 DMV points in a 24 month period, or 6 points in a 36 month period. You might also receive a warning letter if a major conviction like a DUI is added to your driving record.
2. Level II of Negligent Operator Treatment System (NOTS) – ADVISORY NOTICE OF INTENT TO SUSPEND YOUR LICENSE IF YOU RECEIVE ONE MORE DMV POINT – you will receive an Advisory Notice with notice of intent to suspend your license if you receive a certain number of points within a time period. You usually receive this letter after you get 3 DMV points in a 12 month period, warning you that your license will be suspended if you get one more DMV point on your record to make your total 4 DMV points in a 12 month period designating you as a Negligent Operator.
3. Level III of Negligent Operator Treatment System (NOTS) – ORDER OF PROBATION AND SUSPENSION TO SUSPEND YOUR LICENSE BECAUSE YOU HAVE 4 OR MORE DMV POINTS – you will receive an order of probation/suspension suspending your license for 6 months if you accumulated 4 DMV points in a 12 month period. The DMV letter will indicate your license will be suspended 34 days from the date the order is mailed and after your 6 month license suspension you will be placed on DMV probation for 6 months. You must immediately request a DMV Hearing if you received this letter. Call us at (310) 285-1516 if you received this order of probation and suspension letter suspending your license for 6 months so we can help you.
4. Level IV – violation of Negligent Operator Treatment System (NOTS) Probation – VIOLATION WHILE ON DMV PROBATION – if you are placed on DMV probation, you will receive a NOTS violation of probation order and face a license suspension if any of the following occurs while you are on DMV License probation/suspension status. Your license will be suspended if you are on DMV Probation and: 1) you receive any tickets for a one or two point violation 2) you are at fault for a collision that occurs during your probation period and 3) any Failure to Appear (FTA) in court on a traffic violation will result in a license suspension. If the driver is under 18 years of age and violates provisional probation because of an at fault collision, a Failure to Appear in court or any other reportable violation there will be a license suspension.

Avoid getting a ticket or being involved in an accident IF YOU ARE ON NEGLIGENT OPERATOR PROBATION

YOU DON’T WANT TO GET A TICKET OR BE INVOLVED IN AN ACCIDENT IF YOU ARE ON NEGLIGENT OPERATOR PROBATION BECAUSE YOU FACE A LICENSE SUSPENSION AND EXTENDED PROBATION – If you commit a violation or get into a collision while you are on Negligent Operator Treatment System Probation, an additional 6 month suspension will be imposed and the probation will be extended for one year from the violation of probation. If you are driving on a suspended license you face additional suspension and probation time if the driver receives any violation while driving a motor vehicle or the driver is involved in a collision regardless of fault. First and Second Violations of Probation will result in a suspension period of six months and the probation period will also be extended for one year from the date of the violation. Upon a third violation of probation, a one year revocation of the driving privilege is imposed.

The DMV Hearing Officer may take one of the following actions against your license after your DMV Hearing – the DMV Hearing officer can:-

1. Suspend your license
2. Modify the suspension period
3. Allow you to have a restricted license for employment related driving only and/or other restrictions
4. Place you on DMV probation which allows you to continue to drive with conditions of driving that include obeying all traffic laws and remaining free of collision responsibility
5. Set aside the suspension against you for lack of evidence proving you have 4 or more DMV points in a 12 month period. A set aside means the DMV will not take any action against your license.

THINGS THAT CAN PUT DMV POINTS ON YOUR RECORD

• Accidents that are your fault – 1 DMV point
• Tickets for moving violations such as stop sign tickets and speeding tickets – 1 DMV point
• 2 Cell phone tickets in a 3 year period equals 1 DMV point
• Driving on a Suspended License – 2 DMV points
• DUI – 2 DMV points
• Driving over 100 mph – 2 DMV points
• Reckless Driving – 2 DMV points
• Hit & Run – 2 DMV points
• Exhibition of Speeding – 2 DMV points
• Tickets out of state – 1 DMV point unless it a violation equivalent to a 2 point violation here in California like a DUI

Read more about the DMV Point System and how it works.

YOU FACE SERIOUS LICENSE CONSEQUENCES IF ANY OF THE FOLLOWING APPLY TO YOU:

Under Vehicle Codes Section 13800 The DMV may conduct an investigation to determine whether the privilege of any person to operate a motor vehicle should be suspended or revoked or whether terms or conditions of probation should be imposed upon receiving information or upon a showing by its records:

(a) That the licensee has been involved as a driver in any accident causing death or personal injury or serious damage to property.

(b) That the licensee has been involved in three or more accidents within a period of 12 consecutive months.

(c) That the person in three consecutive years has committed three or more offenses which have resulted in convictions involving the consumption of an alcoholic beverage or drug, or both, while operating a motor vehicle, including, but not limited to, offenses under Section 23103.5, 23152, 23153, 23222, or 23224;  has been involved in three or more accidents in which the accident reports show that the person was driving and had consumed alcoholic beverages or drugs, or both;  or had any combination of three or more of those offenses and accidents.

(d) That the licensee is a reckless, negligent, or incompetent driver of a motor vehicle.

(e) That the licensee has permitted an unlawful or fraudulent use of his driver’s license.

(f) That any ground exists for which a license might be refused.  The receipt by the department of an abstract of the record of conviction of any offense involving the use or possession of narcotic controlled substances under Division 10 (commencing with Section 11000) of the Health and Safety Code shall be a sufficient basis for an investigation by the department to determine whether grounds exist for which a license might be refused.

If you accumulate 4 DMV points in a 12-month period you will receive a letter from the DMV with an order of probation and suspension suspending your license for 6 months. The suspension will start 34 days from the date on the DMV order of probation and suspension letter. To avoid that 6-month license suspension you must request a DMV Hearing. YOU ONLY HAVE 14 DAYS STARTING FROM THE DATE ON THE LETTER TO REQUEST A DMV HEARING. YOU MUST CONTACT ASAP THE CALIFORNIA DMV DRIVER SAFETY OFFICE CLOSEST TO YOUR HOME ADDRESS TO REQUEST A DMV HEARING. (DMV Driver Safety Offices https://www.dmv.ca.gov/portal/driver-education-and-safety/driver-safety-offices/) A DMV Negligent Operator Hearing Request must be made with a DMV Driver Safety Office and not with your local neighborhood DMV field office.

We can help you make a DMV Hearing request with the correct DMV Driver Safety Office.

If you received the DMV letter of suspension after 14 days have already passed you can make a Late Hearing Request with the DMV. Oftentimes people have changed addresses and did not receive the DMV Order of Probation and Suspension letter in time.

We can help you make a Late Hearing Request if you did not receive the order of probation and suspension letter from the DMV in time to make a timely request.

Traffic tickets you received in California that you paid off without ever going to court are your best hope for removing DMV points off your record. Many times, people just pay off their traffic tickets after they receive them without ever going to court. When you pay off a traffic ticket you received for a moving violation like speeding you are putting a DMV point on your record.

You want to see if it is possible to reopen traffic tickets that you paid off so that you can try and remove a DMV point off your DMV record by doing traffic school if eligible or a traffic ticket trial. It might take some time and effort but if you can remove a DMV point off your record and get down to 3 DMV points the DMV will no longer suspend or take any action against your license. You normally have 6 months from the date you paid off your traffic ticket to file a motion in court to request the reopening of the traffic ticket that put a DMV point on your record.

Please call us immediately at 310-285-1516 if you paid off a ticket within the last 6 months and you did not go to court, to see if we can help you reopen the ticket to try to remove the DMV point.

Unfortunately, it is very difficult to remove DMV points from your record that are the result of accidents that were your fault, convictions for DUIs, 100 mph tickets, tickets from out of state, and criminal misdemeanors convictions that carry 2 DMV points.

If you are a DMV Negligent Operator You must request a DMV hearing but at the same time you also want to try to remove a DMV point off your record if possible.

Your DMV hearing is your only opportunity to testify and explain to the DMV your mitigating circumstances, things that can help lessen the degree of negligence against you. Mitigating Circumstances can include such things as your need to drive for work, how you must have a valid license to keep your job, and the hardships you would suffer such as not being able to support your family or yourself if your license is suspended for 6 months. You must also discuss your plans for improvement and the corrective measures you are making with your driving to avoid getting into any more accidents or getting any more speeding tickets, DUIs, etc.

We specialize in DMV Negligent Operator hearings and helping negligent operators with their hearings so they can keep driving. Please call us at (310) 285-1516 to discuss how to protect your license from getting suspended for 6 months for being a Negligent Operator after accumulating too many DMV Points and receiving an order of probation and suspension from the DMV. We have been successfully helping people for over 20 years save their licenses from getting suspended for being a DMV Negligent Operator. Call us so we can help you with your DMV Hearing.

Typically the best outcome in a Negligent Operator DMV Hearing is if the DMV does not suspend your license for 6 months and instead places you on DMV Probation which means you can keep driving. While on DMV Probation, you must obey all traffic laws, you must not get any new traffic violations, you cannot fail to appear in court, and you cannot be at fault for any accidents. As a condition of DMV probation, you will need to file proof of financial responsibility in the form of a SR22 proof of insurance.

DMV probation is an excellent outcome in a Negligent Operator DMV Hearing because it will allow you to keep driving and your license won’t be suspended for 6 months but you must be very careful and not get any more tickets or be at fault for any more accidents if you are placed on DMV probation.

We have helped many people with their DMV Hearings get DMV probation so they can keep driving.

1.  THE DMV USES THE VIOLATION DATE NOT THE CONVICTION DATE IN ASSESSING YOUR DMV POINTS – the DMV looks at the violation dates of any traffic tickets, at fault accidents, DUIs, etc to calculate if you got 4 DMV points in a 12-month period. If all the violation dates of your 4 DMV points are within a 12-month period the DMV will seek to suspend your license for 6 months. The DMV uses the violation dates and not the conviction dates if you are a non-commercial driver to determine if you are a DMV Negligent Operator.
2.  2-POINT VIOLATIONS – convictions of the following offenses will put 2 DMV points on your record: a DUI will put 2 DMV points on your record. Reckless driving including a wet reckless and a dry reckless will put 2 DMV points on your record (VC 23103 per VC 23103l.5 and VC 23103.) Exhibitions of speeding VC 23109, a Hit & Run, VC 20001, Driving on a suspended license, VC 14601.1, driving over 100 mph (VC 22348(b) are also all 2 DMV point violations. A DUI with an accident can potentially put 3 DMV points on your record.
3. A COMMERCIAL DRIVER WITH A COMMERCIAL LICENSE – Commercial Drivers receive higher point counts for tickets and accidents they receive. For example, a commercial driver while driving in their commercial vehicle will receive 1 ½ DMV points on their DMV record if they get a ticket for a moving violation like speeding and they will receive 1 ½ DMV points on their DMV record for an at fault accident. The DMV will seek to suspend a commercial driver’s license when a commercial driver accumulates 6 DMV points in a 12-month period, 8 DMV points in a 24-month period and 10 points in a 36 month period. If you are a commercial driver and you get 4 DMV points in a 12-month period you will receive a letter with an order of probation and suspension from the DMV suspending your license for 6 months. It’s imperative that you request a DMV Hearing immediately to make sure your license does not get suspended for 6 months for being a Negligent Operator if you got 4 DMV points in a 12 month period and you are a commercial driver.
4. COMMERCIAL DRIVERS CAN ONLY DO TRAFFIC SCHOOL IF THEY WERE NOT DRIVING A COMMERCIAL VEHICLE – The California Vehicle Code under section VC 42005 states that Drivers with a commercial driver’s license can only attend traffic school if they were not driving a commercial vehicle when they received their ticket. Upon completion of traffic school, the record of conviction will not be held confidential, but the conviction will not put a DMV point on the commercial driver’s DMV record.
5. UNDER 18 DRIVER WITH A PROVISIONAL LICENSE AND DMV POINTS – if you are under 18 years of age and you have a provisional license your license will be restricted for 30 days if you get 2 or more points within a 12-month period. California law requires that a 30-day restriction shall be imposed when a provisional driver’s record shows a violation point count of two or more points in 12 months as determined in accordance with VC section 12810. The restriction shall require the licensee to be accompanied by a licensed parent, spouse, guardian, or other licensed driver 25 years of age or older. If you are under 18 and have a provisional license and you get 3 or more points in a 12-month period you will receive a 6 month license suspension and 1 year probation. California law requires a six-month suspension of the driving privilege and a one year term of probation shall be imposed whenever a provisional licensee’s record shows a violation point count of three or more points in 12 months as determined in accordance with VC Section 12810.
6. CELLPHONE TICKETS – 2 cellphone or 2 texting tickets in a 3-year period will now put a DMV point on your record. A DMV point will be added to your DMV driving record if you are convicted of driving while using a cell phone in a handheld manner and if the violation is the second such violation you have received within a 3-year period. Read more about cellphone violations.
7.  YOU ARE ALLOWED TO DO TRAFFIC SCHOOL ONLY ONCE EVERY 18 MONTHS – the 18-month eligibility period for traffic school is determined from violation date to violation date and not by conviction dates. (See Vehicle Code sections VC 1803.5, 1808.7, 41501, 42005 and 42007) So compare the dates you got your 2 tickets to see if they are over 18 months apart and if you are then eligible to do traffic school.
8. OUT OF STATE TICKETS WILL PUT DMV POINTS ON YOUR RECORD AND WILL BE USED AGAINST YOU IN CALIFORNIA – If you get a traffic ticket in a different state, the District of Columbia, Puerto Rico, or Canada, these out of state violations will typically put 1 DMV point on your California record and can be used against you under the California DMV negligent operator point system.
9. REQUEST A STAY ALONG WITH YOUR DMV HEARING – when you request a DMV Hearing you also want to request a DMV Stay which allows you to keep driving until your DMV Hearing. If a hearing request is received within the allowed timeframe and a hearing cannot be held before the effective date of the order of probation and suspension, the DMV will grant a stay which means you can keep driving until the hearing has been held. However, a stay is not granted in Negligent Operator DMV hearings when evidence exists of a Physical or Medical condition that presents an immediate driving risk and the action has been taken under California Vehicle Code CVC 13953.