California DMV Negligent Operator Hearings

DMV Negligent Operator Hearings

The Negligent Operator Treatment System is based on the “negligent operator,” in which points are added to a motorists driving record when he or she commits a traffic violations or gets involved in an auto accident. Each driver starts with a clean driving record. Under California Vehicle Code section 12810, the DMV will assign points to the drivers record if convicted of certain offenses.

Negligent operator points are added to a persons driving record when the DMV receives notification from courts and reports from law enforcement agencies that indicate that the driver contributed, was at fault, or was responsible for a traffic collision. The initial reporting of the responsibility for a collision by law enforcement can be refuted by evidence a driver presents during an administrative hearing. The DMV is required to consider all evidence submitted before reaching a final determination with regard to the driver’s negligent operator status.

The purpose of a operatoris to consider the drivers record, including mitigating and aggravating circumstances, to decide whether the driver should be classified as a negligent operator under the point count system, and to determine whether any action against his or her driving privilege is warranted. The driver must be given an opportunity to produce evidence and testify in detail regarding his or her driving record. The hearing action must be supported by a preponderance of evidence.

The following will be considered during a Negligent Operator hearing:

  • Correctness of driver record
  • If there are any pending court charges, convictions or accidents not shown on record to determine whether the driver has a negligent pattern of driving
  • If the driver is responsible for collisions on driver record
  • Involvement of alcohol and/or drugs
  • Any other mitigating or aggravating factors
  • Physical and mental conditions related to the driving record


Excessive Points On Driving Record

You would typically receive one point in the following scenarios:

  • An auto accident which was caused by you
  • A minor moving violation or traffic ticket


You could get two points for:

  • Reckless driving
  • Driving under the influence of alcohol/drugs
  • Hit-and-run accident
  • Driving with an invalid license – suspended, revoked or expired


The more points you acquire, the more you are at risk of losing your driving privilege. The Department of Motor Vehicles (DMV) has the right to suspend or revoke your driving privilege if you receive:

  • Four (4) points within a 12-month period,
  • Six (6) points within a 24-month period, or
  • Eight (8) points within a 36-month period.


The length of time the points stay on your driving record depends on the number of points assessed for each violation. For example, single point additions are cleared after three years, as are most two-point additions. However, if you fail to appear in court on a DUI charge or any other traffic violation, then they will remain on your record for 10 years. See California Vehicle Code Section 12810.5.

Having points on your record will significantly affect you financially. Insurance companies will raise the cost of your insurance if a point is received on your record. If too many points are accumulated within a certain period if time, your insurer may drop your coverage altogether and the DMV will be required to suspend your driving privilege.

If you receive notice from the DMV that you are at risk of having your driving privilege suspended due to the accumulation of points, then call Wallin & Klarich to save your driving privilege. Call us today at (877) 466-5245.

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