California DMV Order of Probation and Suspension – CVC Section 12809

What gives the DMV the power to suspend my driver license for Negligent Operation?

All of the DMV’s power is derived by the California Legislature and is defined and directed by the California Vehicle Code (CVC).

CVC Section 12809(e):   “The department may refuse to issue or renew a driver’s license to any person if the department determines that the applicant is a negligent or incompetent operator of a motor vehicle.”

CVC Section 13359:   “The department may suspend or revoke the privilege of any person to operate a motor vehicle upon any of the grounds which authorize the refusal to issue a license.”

Why have I received an Order of Probation and Suspension from the DMV?

The Department sends an Order of Probation and Suspension to notify the driver that proceedings to suspend their license have begun, in accordance with California’s Negligent Operator Treatment System. Following the suspension of a license, the driver enters a probation period, typically lasting one year. Throughout this probation, the DMV may impose additional penalties for any violations of the probation terms.

Maintaining your driving privileges should be a top priority, and facing an Order of Probation and Suspension from the DMV is not a situation to take lightly. Immediate and appropriate action is essential; procrastination or inaction can lead to the suspension of your driver’s license, a consequence that could significantly impact your daily life.

The DMV issues an Order of Probation and Suspension to drivers identified as Negligent Operators. This classification is based on an evaluation of your driving record or behaviors, indicating a consistent pattern of unsafe driving. The DMV’s decision reflects a commitment to public safety, with the intention of preventing further danger by removing habitual offenders from the road.

Receiving an Order of Probation and Suspension is a serious action taken by the California DMV. It’s not merely a warning that your license might be suspended—it’s an unequivocal statement that you have been identified as a Negligent Operator, and the process to suspend or revoke your driving privilege is already underway. The label of a Negligent Operator is assigned to those whose driving history reveals repeated violations or dangerous behaviors, signaling a disregard for the rules of the road and the well-being of others.

To be clear, the DMV’s notice serves as a final alert: without swift action on your part, your license will indeed be suspended. This determination is rooted in a broader responsibility to uphold road safety and prevent potential harm to other drivers and pedestrians. The implication is straightforward—if you value your ability to drive, responding to this notice with urgency is not optional; it’s imperative.

Understandably,  your first reaction will be surprise, anger and then fear. Your first questions will be:

• What gives the DMV the power to do this?
• How do I protect myself?

Generally, the DMV will label a driver as a Negligent Operator for any of the following reasons:

• A driver who accumulates too many “points” from moving violations in a specified period of time.
• A driver who accumulates too many “points” from traffic accidents in a specified period of time.
• A driver who has caused or contributed to a “serious injury” traffic accident.
• A driver who has caused or contributed to a “fatality” traffic accident.
• A driver who has demonstrated any other negligent or incompetent driving that constitutes an immediate hazard to the public (i.e. road rage, reckless driving).

It is the publicized mission of the DMV to ensure that all drivers maintain the knowledge, skill and fitness to safely drive. If at any time, the DMV determines that a driver demonstrates a history or pattern of unsafe operation, the department may label that driver as a Negligent Operator and will work quickly to suspend or revoke that person’s privilege to drive. Once that determination is made, the DMV will issue an Order of Probation and Suspension and the process begins.

How do I protect myself?

Once the initial shock of receiving the Order of Probation and Suspension has passed, the first thing you should do is take the time to read the document carefully. Normally the Order of Probation and Suspension is a 4-page document.

Page No. 1:      This is the actual order which describes the action being taken by the DMV and the Vehicle Code sections which grant the authority to do so. This page will also document the effective date of the suspension and how long the suspension will run before you are eligible for reinstatement. This page will also advise you of your right to a hearing.

Page No. 2:      This page explains your right to an administrative hearing. The most important topic on this page is the requirement to contact the DMV within 14 days of the “mailing date” of the order. Failure to contact the DMV within that time frame will constitute a forfeiture of your right to hearing and your license will be suspended. Don’t let this happen.

Page No. 3:      This is a “Summary of Driving Record.” This provides the actual information that has caused the DMV to take the suspension action. If you have accumulated too many points, been involved in too many accidents or a combination thereof, it will be spelled out on this page.

Page No. 4:      This page contains information on how a driver may provide “Proof of Financial Responsibility.” If the driver license is suspended or revoked for negligent operation, it will not be reinstated until an appropriate form of insurance has been filed with the DMV.   This is normally completed by filing an SR-22 form.

Once you have carefully absorbed the information in the Order of Probation and Suspension, it is time to act. You should immediately pick up the telephone and call the DMV Defense Experts from California Drivers Advocates (CDA). CDA is a group of Administrative Law specialists with a long history of fighting and winning Negligent Operator hearings. Our team is comprised of Administrative Advocates, former police officers, former DMV hearing officers, investigators and scientists with an exclusive focus on winning DMV administrative hearings. This is the sole focus of our practice and we do it very, very well.

How do we win a Negligent Operator Hearing?  Once you have engaged us as your DMV Defense representative, CDA will immediately contact the DMV to schedule a Negligent Operator hearing and to request a “Stay of Suspension” so that the scheduled suspension of your license is stopped until the outcome of the hearing.  With the Stay of Suspension in place, we can slow things down and begin the methodical preparation of your defense because you will still be driving.  In fact, you’ll be able to continue driving until the outcome of the hearing.

With the immediate steps taken, CDA will then begin the process of investigating and preparing your case for victory. DMV Hearing Officers have come to recognize that when we walk in the door with our clients, we come prepared to do battle. We present comprehensive and robust attacks on the DMV’s case and work diligently to demonstrate that our clients can be trusted to safely continue driving. Everything the DMV does is time sensitive, so you must be prepared to begin your defense without delay.

Our goal at your Negligent Operator Hearing is to win.  Meaning the DMV makes a finding that you are not a Negligent Operator and your driving privilege is reinstated without any restriction.  In those cases where our clients really have been negligent in their driving behavior, we seek to have the DMV on “Driving Probation” so that they may continue driving with the caveat they not receive any other citations and/or not be involved in any traffic collisions for one year.

What are the possible outcomes of a Negligent Operator Hearing?

Class C Drivers:          There are only a few possible outcomes for a Class C Driver:

• Suspension/Probation: If your hearing is lost, the Hearing Officer will order that your privilege to drive be suspended for six months.  After that, your driving privilege will be reinstated in a probationary status for an additional six months.  During the period of suspension, you are not permitted to drive at all.
• Straight Probation: In this case, the Hearing Officer makes a finding that while you are “per se” a Negligent Operator, however, there is compelling evidence that you have learned your lesson and should be granted an opportunity to change your driving behavior.  The Hearing Officer will dismiss the suspension of your driver license and will instead put you on twelve-months of driving probation.
• Set Aside: In this case, the Hearing Officer makes a finding that you ARE NOT a

Negligent Operator and dismisses the case. This is the best possible outcome.

Class A & Class B Drivers:

• Suspension/Probation: If your hearing is lost and the Hearing Officer makes a finding that you are a Negligent Operator, he/she will order that your driving privilege be suspended for six-months.  After that, your driving privilege will be reinstated in a probationary status for an additional six-months  During the period of suspension, you are not permitted to drive………. Not even for work.
• Straight Probation: In this case, the Hearing Officer makes a finding that while you are a “per se” a Negligent Operator, there is compelling evidence that you have learned your lesson and should be granted an opportunity to change your driving behavior.
• Set Aside 1: In this case, the hearing officer makes a factual finding that you ARE NOT a Negligent Operator and dismisses the case.  This is a great result.
• Increase Point Count—Set Aside: All commercial drivers accumulated points at a higher rate than the average Class C Driver.  For example, if a Class C Driver runs a red light, that is a 1-point violation.  If a Commercial Driver in a Commercial Vehicle runs that same light, the driver is awarded 1.5 points.

The Vehicle Code does make provisions for commercial drivers because they tend to drive many more miles than the average Class C Driver.  There is a provision of the Vehicle Code that permits a Driver’s maximum point count to be elevated from 4-points in 12-months, to 6-points in 12-months.  If a driver is successful in elevating his maximum point count, and his count is below 6-points, the Hearing Officer must make a factual finding that you are not a Negligent Operator and the case must be dismissed.  Another spectacular result.

Frequently Asked Questions (FAQs) for California DMV Order of Probation and Suspension:

1. What is a DMV Order of Probation and Suspension?

A DMV Order of Probation and Suspension is an administrative notice issued by the California Department of Motor Vehicles (DMV) to suspend or place a driver’s license on probation due to certain violations or incidents.

2. When might I receive a DMV Order of Probation and Suspension?

You may receive a DMV Order of Probation and Suspension if you have accumulated too many violation points, been involved in too many accidents, been involved in road rage or other dangerous driving or, have caused or contributed to a fatal or serious injury accident.

3. How long does a DMV Order of Probation and Suspension last?

The duration of a DMV Order of Probation Suspension varies depending on the nature of the violation and your driving history. It can range from several months to several years.

4. What happens during a DMV Order of Probation and Suspension period?

During a DMV Order of Probation  and Suspension, your driving privileges may be restricted or suspended. You may be required to comply with certain conditions, such as filing an SR-22 Insurance Form or limited driving.

5. Can I appeal a DMV Order of Probation and Suspension?

Yes, you have the right to fight against a DMV Order of Probation and  Suspension, but it is essential to act quickly and seek legal assistance to navigate the appeals process effectively.

6. How can I get my driving privileges reinstated after a DMV Order of Probation and Suspension?

Assuming you have not conducted and won a Negligent Operator Hearing and your license has been suspended, you must serve a term of suspension (no driving) and then a term of probation (driving without violations or accidents).

7. Will a DMV Order of Probation and Suspension affect my insurance rates?

– Yes, if a DMV Order of Probation and Suspension takes effect, it can lead to an increase in your insurance rates. Insurance companies often view drivers with a history of violations or suspensions as higher risk, resulting in higher premiums.

8. Can I drive during a DMV Order of Probation and Suspension?

– It depends on the specific terms of your case.  If your license has been suspended, you must not drive for any reason.  If you have been granted driving probation, you may drive as long as you do not receive any other tickets for moving violations or are not involved in any “at fault” traffic collisions.

9. What should I do if I receive a DMV Order of Probation and Suspension?

If you receive a DMV Order of Probation and Suspension, it’s crucial to understand your rights and options. To prevent your license from being suspended you must request a Negligent Operator Hearing within 14 days of when the Order of Probation and Suspension was written. Seek legal advice promptly to explore potential defenses, appeal procedures, and strategies for minimizing the impact on your driving privileges.

10. How can an Advocate help me with a DMV Order of Probation and Suspension?

An Advocate experienced in DMV proceedings can provide invaluable guidance and representation throughout the suspension process. They can help you understand your legal rights, prepare a strong defense, negotiate with the DMV on your behalf, and work towards preserving or reinstating your driving privileges.

If you have received an “Order of Probation / Suspension, call CDA immediately, we are ready to begin working to save your driving privilege.