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DMV Victory at a Commercial Negligent Operator Hearing at San Diego DSO

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Case History: California Drivers Advocates was engaged to defend a client whose commercial driver license was in jeopardy of being suspended because the Department of Motor Vehicles had identified him as a Negligent Operator. The department’s computer database was reporting that he had accumulated too many citations for moving violations in a short period of time.

As a commercial truck driver, our client’s livelihood was based upon his ability to operate a tractor-trailer combination to transport produce from farms in the Imperial Valley to various locations in California, Arizona and Nevada.  Our client’s income was based upon his ability to drive an average of 100,000 miles per year.

DMV’s Position: The California DMV’s position was crystal clear.  Under California Vehicle Code section 13953, the DMV is empowered to immediately suspend or revoke the driving privilege of any person who drives in a manner that is unsafe for himself or other persons on the roadway.  Vehicle Code section 12810.5 identifies the maximum number of NOTS points a driver may accumulate in a given period of time.  If that maximum number is exceeded, the DMV presumes the driver to be negligent and the process to suspend or revoke the driver license is initiated.

It was the DMV’s goal to remove our Client from the road.

Our Defense: When our client retained us, we immediately went to work to schedule his Negligent Operator Hearing at the San Diego Driver Safety Office.  We also immediately requested a “Stay of Suspension” to stop the intended suspension of his driver license until the conclusion of our hearing.  This permitted the client to continue driving commercial vehicles while we prepared to fight his case.

Early in our investigation, we learned that our client’s driving history had been remarkably clean for years.  Also, while interviewing our client, we quickly began to suspect that much of the DMV’s evidence was incorrect.

After a complete investigation, we presented our defense before the California Department of Motor Vehicles, Driver Safety Office in San Diego.

At the hearing, we introduced items of affirmative evidence to demonstrate that the department’s records were inaccurate. Furthermore, because our Client’s commercial driver license was not endorsed for transporting passengers or hazardous material, he would have qualified for higher point accumulation.

At the conclusion of the Negligent Operator Hearing, the hearing officer completely agreed with our argument and took the extraordinary act of “Setting Aside” the allegation on the spot.

We were able to save our client’s commercial driving privilege and he is safely driving our highways today.


Call CDA Today.  Let us put you on the road to victory! 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 the best opportunity to win their Administrative Hearing.  Whatever legal or scientific defense your case requires, CDA is ready to fight for you.

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