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DMV Win, Negligent Operator Hearing, San Bernardino DSO

Case History: California Drivers Advocates was engaged to defend a client whose driver license was being suspended because the Department of Motor Vehicles had identified him as a Negligent Operator because of a series of traffic accidents.

Our 57 year old client works two jobs to make ends meet and drives more than 40,000 miles per year to get there.  Losing his driving privilege would cost him his jobs and cause his three children to suffer.

In the four months from May to September 2016, our client was involved in four traffic accidents in Los Angeles, Riverside, Anaheim and San Diego.  In each case, the investigating police officers found our client to be most at fault in causing the collisions.  As a result, the DMV became concerned that his driving record may indicate that he lacked the skill to drive.

 DMV’s Position: The California DMV’s position is always crystal clear in cases of this nature. The department is granted the power to monitor the driving habits and history of anyone driving in California and to identify any person as a Negligent Operator if their driving indicates they are negligent or incompetent.

For a person to accumulate this many “at fault” traffic collisions in a short period of time may indicate the person is an aggressive or angry driver.  It may indicate a change in the person’s physical or mental health that effects driving or may simply indicate he lacks the skill to drive.  In any event, the DMV wants to know why this is happening and to correct the problem if possible.

If a person has become a Negligent Operator for any reason, it is safer for the Department to remove that person from the road than to allow him to create a danger to the public.

Our Defense: As is always the case, our defense began with a comprehensive interview of our client to learn everything about his personal history, medical history, criminal history and driving history.  It is imperative that we know everything about our clients so we can present them in the most favorable light.

Early in our investigation, we learned that our client’s driving history had been remarkably clean for many years.   After a complete investigation we came to the conclusion that his spate of accidents was caused because of a habit of following other cars too closely.  To address this, we had our client attend an “on-line” driving school to demonstrate his willingness to modify his driving habits.

We spent a great deal of time preparing our client to testify at his hearing. Because of this preparation, the Hearing Officer found him to be credible and committed to safe driving.

At the conclusion of the Negligent Operator Hearing, the hearing officer took the additional step of directing our client to take a “behind the wheel” driving test; which of course he passed with flying colors.

One week later, we received official notice that the hearing officer had terminated the suspension of our Client’s driver license and had placed him on driving probation.  This permits our client to continue full driving without restriction; he simply cannot receive any citations for moving violations and cannot cause another accident for a period of one year.

We were able to save our client’s driver license and thus he is driving for work and supporting his children.

Call CDA Today.  We can keep you on the road.

The DMV Defense Experts at California Drivers Advocates include former police officers, DMV Hearing Officers, Investigators and Scientists.  Our training, our experience and our reputation provide any driver, including commercial drivers, the best opportunity to win their Administrative Hearing.  If the DMV is working to suspend or revoke your driving privilege for any reason, give us a call.

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