I’ve Been Named a Negligent Operator

As we all know, driving in California is a conditional privilege. Essentially, if we want to maintain our privilege to drive motor vehicles on public roadways we must obey the rules of the road. If you break the rules too often, the California Department of Motor Vehicles (DMV) is empowered to restrict, suspend or even revoke your driver license. Even the safest drivers can experience a brief lapse in attention or be surprised by an unexpected event that causes them to violate one of the rules of the road and to receive a moving violation from a Peace Officer. The DMV is not interested in punishing the California driver who only receives a citation “once in a blue moon.”

On the other hand, the DMV is very alert to that person who habitually violates the rules of the road and accumulates too many citations in a short period of time. Such a person is deemed a “public hazard” and will be labeled as a Negligent Operator because they have a demonstrated driving history that suggests inattention or negligence. Being named a Negligent Operator means that the DMV has focused on you and will be acting to remove you from the road. You must not delay and taking no action will assure your driving privilege will be suspended or revoked.

How Will I Know if I’m a Negligent Operator? In almost all instances, a driver will learn they have been identified as a Negligent Operator when they receive a “Notice of Suspension” in the mail. This means that the DMV has noted an accumulation of too many moving violations, traffic collisions, or other factors that fit the criteria for the Negligent Operator suspension. If you receive the Notice of Suspension by mail, this is the DMV’s warning that you must take immediate action or your driver license will be suspended or revoked for being a Negligent Operator.

In more infrequent instances, a driver may not learn they are a Negligent Operator until after their driver license has been suspended. This normally happens when a person has moved their residence but not updated the DMV with a current mailing address. If the DMV labels you as a Negligent Operator they will send the Notice of Suspension to your last known address. If you are no longer living there, you may not learn that your driver license is in jeopardy until you are stopped by a police officer or advised of the Negligent Operator suspension during a visit to the DMV. This is why it is so critical that California drivers keep current mailing address information on file with the California Department of Motor Vehicles.

How do I Fight a Negligent Operator Suspension?: As with most driver license suspension actions, the Negligent Operator suspension can be defended. You have the right to an administrative Negligent Operator hearing to demonstrate why you are not a Negligent Operator. The key to success here is reacting quickly and beginning your defense before the suspension goes into effect.

If you receive a “Notice of Suspension” by mail, the notice will grant you a limited period of time (usually 10 to 14 days) during which contact must be made with your local Driver Safety Office to schedule a hearing. If you do not act quickly enough to schedule your hearing, the DMV will automatically suspend or revoke your driver license for being a Negligent Operator.

If you are one of the unfortunate few who have learned about a Negligent Operator suspension after it went into effect, you are still entitled to a hearing.

Either way, you should contact a DMV Defense Expert immediately to assist you in scheduling, preparing for and conducting a Negligent Operator Hearing. There are many critical elements to winning a Negligent Operator Hearing and few people are equipped to handle such a hearing on their own.

We’re Ready to Begin Fighting for You Now! Everything the DMV does is measured by a standard of “timeliness.” This means you must act quickly to protect yourself. You must approach the DMV professionally, confidently, and quickly in order to prevent a Negligent Operator suspension. We are standing by to step into your case and guide you to victory. If driving is a critical element of your life, losing your Negligent Operator hearing is not an option. Call us, we’re ready to help.

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