Negligent Operator Suspension for Too Many Violation Accidents
Why does the DMV suspend a driver license for traffic accidents?
The California Department of Motor Vehicles (DMV) is an enormously powerful government agency that possesses the power to issue driver licenses to qualified candidates, but the department also possesses the power to strip away a driving privilege for a variety of reasons. Some of the more common reasons the DMV will suspend a driver license are:
- Driving Under the Influence
- Physical or Mental Disorders
- Lack of Skill to Drive
- Lack of Knowledge to Drive
In this chapter we discuss the DMV’s suspension of a driving privilege for involvement in traffic collisions.
One of the most powerful provisions of the California Vehicle Code (CVC) empowers the DMV to label any driver as a Negligent Operator if there is evidence which demonstrates the person’s driving behavior is dangerous to the general public. It is quite common for the DMV to suspend a person’s driving privilege if they accumulate too citations for moving violations within a specified period of time. The DMV, however, will suspect a person is a negligent operator if they are involved in too many traffic collisions in a specified period of time.
The DMV believes that a person’s driving history directly reflects that person’s ability and/or willingness to drive safely. While it is true that people may simply be unlucky in their driving, the fact is there are a vast number of drivers who either cannot or will not drive safely.
How does the DMV evaluate a traffic collision?
The DMV monitors a person’s driving behavior through the use of a powerful computer database known at the Negligent Operator Treatment System (NOTS). The NOTS computer operates 24 hours per day and receives information on a person’s driving history from Law Enforcement Agencies, Courts and other sources.
Generally, when assessing traffic accidents, the NOTS computer will identify a driver as a Negligent Operator if:
- The driver has caused or contributed to a serious injury accident.
- The driver has caused or contributed to a fatal accident.
- The driver has been involved in three or more traffic accidents in 12 months.
It is important to note that the NOTS computer is simply tracking numbers. It is not concerned with who was at fault in an accident, so a driver could be perfectly innocent of any wrongdoing but still be labeled as a Negligent Operator for involvement in a number of traffic accidents that were not his/her fault. The NOTS computer is blind to anything but numbers.
What can I do to protect myself from being suspended for traffic accidents?
The most obvious answer is to drive safely and defensively to avoid traffic accidents altogether. If you are involved in a traffic accident, always attempt to have a police report prepared—especially in those cases where you are not a fault.If you receive an “Order of Suspension” in the mail for too many traffic accidents, all is not lost. You simply must react quickly and appropriately to protect your driving privilege. Contact the DMV Defense Experts at California Drivers Advocates. We have been fighting and winning Negligent Operator Hearings for decades. Our proven approach to administrative hearings has made us the statewide champion in DMV Defense. Call us and let us go to work for you.
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