I Have A California DMV Negligent Operator Hearing And I Don’t Know What To Do! (CVC 12810)

As your parents (maybe) told you when you turned sixteen, driving is a privilege, not a right. In California, the Department of Motor Vehicles has the ability to take away that privilege. The Negligent Operator Treatment System, or NOTS, is one of their methods. NOTS is the name for a pyramid punishment program within the DMV’s Mandatory Actions Unit. When drivers reach different point benchmarks, the DMV will take increasingly harsh action. The lawyers at Wallin & Klarich have dealt with California DMV Negligent Operator Hearings for the past three decades and today we will walk you through the NOTS hearing. With this knowledge and our help, you may save your driving privilege.

Negligent Operator Points

Points are not good. Points are essentially demerits on your driving record. All drivers begin with a clean slate of zero points; the DMV then assigns points for violations like tickets, accidents, or crimes involving a vehicle. Specifically, under California Vehicle Code section 12810, an at-fault traffic accident or a minor traffic offense means one point and a conviction for reckless driving, DUI, suspended license, or hit and run is two points.

As these points accumulate, the driver climbs up the NOTS pyramid and the DMV will take action.

• At Level I, NOTS sends you a warning letter. You are at level one when you reach 2 points within 12 months; 4 points within 24 months; or 6 points within 36 months.

• At Level II, NOTS sends a Notice of Intent to Suspend letter—which is what it sounds like. NOTS will send this in any of three scenarios: you reached 3 points in 12 months; 5 points within 24 months; or 7 points within 36 months.
• At Level III, the DMV suspends or restricts your driving privilege and sends an Order of Probation or Suspension. Typically, Level III is a provisional or probationary suspension. You reach Level III when you received 4 points within 12 months; 6 within 24 months; or 8 within 36 months.

• Level IV is not really a point accumulation, but the penalties for violating Level III probation restrictions. The DMV suspends your license if you commit another violation, receive another point, or fail to appear in court or pay for a violation. The consequences are often worse for drivers under eighteen.

Because Level I is just a warning and Level III is an automatic provisional suspension, your ability to affect the outcome is at Level II. At Level II, along with the Notice of Intent to Suspend, the DMV will also send you information about a hearing. You have a right to a hearing.

California DMV Negligent Operator Hearing

The Administrative Procedure Act controls what happens in this hearing. At its very core, this hearing is a trial, with evidence, objections, and all other legal rules will apply. The Hearing Officer plays the role of judge and jury, and he or she weighs the evidence you (the defendant) and law enforcement present and then decides the fate of your license.

At a NOTS hearing, a Hearing Office will consider your driving record—including mitigating and aggravating circumstances—and decide whether you should be classified as “negligent operator” and if the DMV needs to take action against you. If you lose at the hearing, the DMV can revoke, suspend, or restrict your license. Whatever action the Hearing Officer demands must be supported by a preponderance of the evidence.

A California DMV Hearing Attorney Can Help You

You do not have to go into your hearing alone. A lawyer can, and should, represent you at your hearing. And if you choose the right lawyer, you can likely save your license. These hearings require lawyers who can successfully argue your special facts and circumstances. The lawyer can explain why one of the points should not count or argue that mitigating factors warrant a reduced punishment.

The lawyers at Wallin & Klarich have been winning DMV hearings for over thirty years. Our experienced team has successfully helped people keep their driving privilege. You do not have to go it alone. We can help. Our experienced team will review your case and take the necessary steps to save your license. We have offices in San Bernardino, Ventura, Riverside, Los Angeles, San Diego and Orange County. Call us today at 888-749-0034 or fill out our intake form for immediate assistance. We will get through this together.