Negligent Operator Suspension for Too Many Violation Points
Any person who operates a motor vehicle in the State of California is continually monitored by the Department of Motor Vehicles (DMV) to ensure they always maintain the Skill, the Knowledge and the Physical/Mental Fitness to drive. In reviewing a person’s driving history, the DMV will be alert to any evidence that demonstrates a person’s driving habits may be creating a danger for the motoring public.
If a person develops a history of bad driving, the DMV possesses the power to label that person as a Negligent Operator. One of the most common reasons for the DMV to name a person as a Negligent Operator is when he/she accumulates too many points for moving violations within a specified period of time.
The Negligent Operator Treatment System
Deep within the halls of the DMV is a computer database designed to monitor the number of moving violations accumulated by any given driver. Known as the Negligent Operator Treatment System or "NOTS," this database alerts the DMV to a driver whose pattern of violations may suggest they are a dangerous or unskilled driver. California Vehicle Code section 12810 directs the manner in which the DMV will assess "points" for specified violations. Most moving violations will be assign 1 NOTS Point upon a conviction in court. Certain misdemeanor convictions (i.e. DUI and Hit & Run) will assign 2 NOTS points upon court conviction. As a person's point count increases, they become more of a concern for the DMV.
If a person accumulates too many points within a specified period of time, the NOTS computer will label that person as a Negligent Operator and a suspension action will begin. For regular Class “C” or Motorcycle Operators, the maximum number of accumulated points is as follows:
- 4 points within a 12 month period
- 6 points within a 24 month period
- 8 points within a 36 month period
For professional drivers who hold a Class “A” or Class “B” commercial driver license, the DMV holds them to a higher standard of performance, therefore the holder of a commercial driver license accumulates points at a higher rate than the everyday Class “C” driver. As a general rule, commercial drivers are assigned 1.5 points for violations that would only account for 1 point for regular Class “C” drivers.
What can I do if the DMV has labeled me as a Negligent Operator?
DMV policy directs that drivers be notified by US Mail that they have been labeled as a Negligent Operator. The Department will issue an “Order of Suspension/Revocation” that identifies the reason for the suspension/revocation and what action the driver may take to protect their driving privilege.
If you have received an “Order of Suspension/Revocation” in the mail for being a Negligent Operator, do not despair. Quality defense can save your driving privilege, however you must react quickly. Contact must be made with the Driver Safety Office near your home within the first 14 days to schedule a “Negligent Operator Hearing.” This type of hearing permits the driver to present evidence which rebuts the DMV’s information or to demonstrate that the driver is committed to modifying their driving behavior to promote safety.
Don’t attempt to fight the DMV on your own. That is the surest path to the suspension of your driving privilege. Pick up the phone and call the DMV Defense Experts at California Drivers Advocates. Put a winning team of Administrative Advocates, Former Hearing Officers, Investigators and Scientists on your case. We have been fighting and winning Negligent Operator Hearings for many years. There is simply no replacement for experience and training in matters of this nature. Let us use our history to save your driving freedom.
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